The Code of Procedure of the State of New York: As Amended April 16, 1852, with Copious Notes and References and an Appendix Containing the Recent Ruls of the Court of Appeals, Supreme Court, EtcJohn S. Voorhies, 1852 - 590ÆäÀÌÁö |
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26 ÆäÀÌÁö
... contract , and whether performance had been waived , will not be reviewed by the court of appeals on appeal from the judgment of the supreme court affirming the report of the referee ; because they are questions of fact only . Newton v ...
... contract , and whether performance had been waived , will not be reviewed by the court of appeals on appeal from the judgment of the supreme court affirming the report of the referee ; because they are questions of fact only . Newton v ...
37 ÆäÀÌÁö
... contract made by a party who shall have died before the performance thereof . 8. The care and custody of the person and estate of a luna- tic or person of unsound mind , or an habitual drunkard , residing within the county . 9. The ...
... contract made by a party who shall have died before the performance thereof . 8. The care and custody of the person and estate of a luna- tic or person of unsound mind , or an habitual drunkard , residing within the county . 9. The ...
40 ÆäÀÌÁö
... contract , reside , or are personally served with the summons , within those cities respectively ; except in the case of mayors ' and recorders ' courts of cities , which courts shall only have jurisdiction where all the defendants ...
... contract , reside , or are personally served with the summons , within those cities respectively ; except in the case of mayors ' and recorders ' courts of cities , which courts shall only have jurisdiction where all the defendants ...
41 ÆäÀÌÁö
... contract made , executed , or delivered within the State , or upon any cause of action arising therein . In Brewster v . Honigsberger , an action originally brought in the superior court , and by order removed into the supreme court ...
... contract made , executed , or delivered within the State , or upon any cause of action arising therein . In Brewster v . Honigsberger , an action originally brought in the superior court , and by order removed into the supreme court ...
43 ÆäÀÌÁö
... contract , reside or are personally served with the summons within those cities respectively ; " and where , before the amendment of 1852 , in an action in the supe- rior court against two defendants , one a resident and the other a non ...
... contract , reside or are personally served with the summons within those cities respectively ; " and where , before the amendment of 1852 , in an action in the supe- rior court against two defendants , one a resident and the other a non ...
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adverse party affidavit alleged allowed amendment of 1851 amount answer apply appointed assignment attachment attorney bail Barb brought calendar cause of action chancery circuit court claim clerk Code Rep commenced common law common pleas complaint copy costs county court court of appeals court of chancery court of common creditor damages decision defendant defendant's demurrer denied effect entitled equity examination execution Existing suits filed granted held injunction judgment debtor jurisdiction jury justice justice's matter ment motion necessary note to section notice obtained oyer and terminer Paige payment pending person place of trial plaintiff pleading practice prescribed proceedings provisional remedy provisions question real property recover referee reference rendered residence revised statutes Sand served sheriff special term specified subdivision sufficient summons superior court supreme court supreme court rules sureties thereof tion undertaking unless verdict Wend witness words
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193 ÆäÀÌÁö - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...
92 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...
162 ÆäÀÌÁö - ... 1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
83 ÆäÀÌÁö - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
63 ÆäÀÌÁö - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
94 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.
194 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.
119 ÆäÀÌÁö - State, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed; 4.
287 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.
207 ÆäÀÌÁö - ... county judge, at a specified time and place ; the time to be not less than five nor more than ten days thereafter.