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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19 ÆäÀÌÁö
... thereof . Of course , this section does not mean that a criminal action is prosecuted against a person for the punishment of the offence , but it certainly says so . Stoughton's Review , p . 8 . ¡× 6. [ 6. ] Civil action . - Every other ...
... thereof . Of course , this section does not mean that a criminal action is prosecuted against a person for the punishment of the offence , but it certainly says so . Stoughton's Review , p . 8 . ¡× 6. [ 6. ] Civil action . - Every other ...
32 ÆäÀÌÁö
... thereof to the several judges of the court , is , from and after the first day of July , one thousand eight hundred and forty - eight , abrogated , and the provisions of this title are substituted in place thereof . ¡× 18. [ 16 ...
... thereof to the several judges of the court , is , from and after the first day of July , one thousand eight hundred and forty - eight , abrogated , and the provisions of this title are substituted in place thereof . ¡× 18. [ 16 ...
35 ÆäÀÌÁö
... thereof . The ex- pense of the publication shall be paid out of the treasury of the State . ¡× 26. [ 28. ] Inability of judge . — In case of the inability , for any cause , of a judge assigned for that purpose , to hold a spe- cial term ...
... thereof . The ex- pense of the publication shall be paid out of the treasury of the State . ¡× 26. [ 28. ] Inability of judge . — In case of the inability , for any cause , of a judge assigned for that purpose , to hold a spe- cial term ...
37 ÆäÀÌÁö
... 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 mortgage or sale of the real property , situated within the county , of ...
... 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 mortgage or sale of the real property , situated within the county , of ...
44 ÆäÀÌÁö
... thereof ; and they may , from time to time , respectively alter such appointments ; and hereafter no fee shall be paid for any service of a judge of either of those courts . ¡× 36. [ 42. ] By whom held . - A general term shall be held by ...
... thereof ; and they may , from time to time , respectively alter such appointments ; and hereafter no fee shall be paid for any service of a judge of either of those courts . ¡× 36. [ 42. ] By whom held . - A general term shall be held by ...
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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.