First[-Fourth] Report of the Commissioners on Practice and Pleadings ...C. Van Benthuysen, public printer, 1848 |
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xi ÆäÀÌÁö
... effect thereof , ........................... ... 57. Provisions of this act , as to forms of action and pleading , appli- cable to these courts , TITLE VII . .... Of Justices ' and other Inferior Courts in Cities ,. CHAPTER I. The ...
... effect thereof , ........................... ... 57. Provisions of this act , as to forms of action and pleading , appli- cable to these courts , TITLE VII . .... Of Justices ' and other Inferior Courts in Cities ,. CHAPTER I. The ...
xxiv ÆäÀÌÁö
... not to affect certain provisions ,. 391. This act , when to take effect , .... APPENDIX A. Schedule of forms , B. Table of courts , 260 260 261 272 AN ACT To Simplify and Abridge the Practice , Pleadings XXIV TABLE OF CONTENTS .
... not to affect certain provisions ,. 391. This act , when to take effect , .... APPENDIX A. Schedule of forms , B. Table of courts , 260 260 261 272 AN ACT To Simplify and Abridge the Practice , Pleadings XXIV TABLE OF CONTENTS .
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... effect of adopt- ing this section as proposed , will be to repeal the provision of the act of last December , amending the judiciary act , ( 2 Laws of 1847 , p . 639 , sec . 5 , ) which gives an appeal to this court from a decision by ...
... effect of adopt- ing this section as proposed , will be to repeal the provision of the act of last December , amending the judiciary act , ( 2 Laws of 1847 , p . 639 , sec . 5 , ) which gives an appeal to this court from a decision by ...
28 ÆäÀÌÁö
... effect this object , by establish- ing six general terms annually in each judicial district ; by throwing together the special terms , circuit courts and courts . of oyer and terminer , and alloting a sufficient number to each . county ...
... effect this object , by establish- ing six general terms annually in each judicial district ; by throwing together the special terms , circuit courts and courts . of oyer and terminer , and alloting a sufficient number to each . county ...
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... effect on the first day of July , thereafter , and shall continue until the thirty - first day of December , 1849. He shall , in like manner , at least one month before the expiration of that time , appoint the times and places of ...
... effect on the first day of July , thereafter , and shall continue until the thirty - first day of December , 1849. He shall , in like manner , at least one month before the expiration of that time , appoint the times and places of ...
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adverse party affidavit Albany allegation Amend answer application arrest attorney bail cause of action chancery CHAPTER city and county city of New-York civil actions clerk commenced Commissioners common law common pleas complaint constitution copy costs county courts county judge county of New-York court of appeals court of chancery court of common court of sessions courts of equity courts of oyer criminal deemed defendant dollars duty examination execution existing filed forms of action grand jury indictment judgment debtor judicial jurisdiction jurors justice legislature manner ment mode necessary notice offence officer oyer and terminer plaintiff pleading practice prescribed present proceedings proposed prosecution provisional remedies provisions question read as follows real property recovery reference remedy rendered respect Revised Statutes rule served sheriff special terms suit summons superior court supreme court therein thereof tion trial by jury witness writ
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194 ÆäÀÌÁö - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
187 ÆäÀÌÁö - The verdict of a jury is either general or special. A general verdict Is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant: a special verdict is that by which the jury find the facts only, leaving the judgment to the court.
127 ÆäÀÌÁö - No action shall abate by the death, marriage, or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
160 ÆäÀÌÁö - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
127 ÆäÀÌÁö - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
194 ÆäÀÌÁö - Judgment may be given, for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.
128 ÆäÀÌÁö - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
112 ÆäÀÌÁö - If a person entitled to bring an action mentioned in the Exceptions, last chapter, except for a penalty or forfeiture, or against a Sheriff or other officer, for an escape, be at the time the cause of action accrued, either, 1. Within the age of twenty-one years ; or, 2. Insane; or, 3. Imprisoned on a criminal charge; or, in execution under the sentence of a- criminal Court, for a term less than his natural life; the time of such disability is not a part of the time limited for the commencement of...
127 ÆäÀÌÁö - In case of any other transfer of interest, the action shall be continued in the name of the original party, or the Court may allow the person to whom the transfer is made to be substituted in the action.