The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each Section, the Supplementary Act, and an Appendix Containing the Rules of All the Courts, with an Index to the WholeJ.S. Voorhies, 1851 - 394페이지 |
도서 본문에서
90개의 결과 중 1 - 5개
40 페이지
... recover part in one suit , and part in another . Only one suit can be brought on an entire contract . Justice's Manual 3d ed . , 13. 16 Johns . R. 121. Smith v . Jones , 15 ib . , 229. This rule , however , is only applicable to hostile ...
... recover part in one suit , and part in another . Only one suit can be brought on an entire contract . Justice's Manual 3d ed . , 13. 16 Johns . R. 121. Smith v . Jones , 15 ib . , 229. This rule , however , is only applicable to hostile ...
42 페이지
... recovered before the defendant as a justice of the peace . Van Vleek v . Burroughs , 6 Barb . S. C. R. 341 . Note to subd . 4. - When such proof is made he is , thereupon , required to enter a judgment of discontinuance against the ...
... recovered before the defendant as a justice of the peace . Van Vleek v . Burroughs , 6 Barb . S. C. R. 341 . Note to subd . 4. - When such proof is made he is , thereupon , required to enter a judgment of discontinuance against the ...
45 페이지
... recover costs in the action to be brought for the same cause in the county court . If no such action be brought within thirty days after the delivery of the under- taking , the defendant's costs before the justice may be recov- ered of ...
... recover costs in the action to be brought for the same cause in the county court . If no such action be brought within thirty days after the delivery of the under- taking , the defendant's costs before the justice may be recov- ered of ...
46 페이지
... recover costs ; if it be for the defendant , he shall recover costs , except that upon a verdict he shall pay costs to the plaintiff , unless the judge certify that the title to real property came in question on the trial . The ...
... recover costs ; if it be for the defendant , he shall recover costs , except that upon a verdict he shall pay costs to the plaintiff , unless the judge certify that the title to real property came in question on the trial . The ...
48 페이지
... recover , without proving his case . 9 . In an action or defence , founded upon an account or an instrument for the payment of money only , it shall be sufficient for a party to deliver the account or instrument to the court , and to ...
... recover , without proving his case . 9 . In an action or defence , founded upon an account or an instrument for the payment of money only , it shall be sufficient for a party to deliver the account or instrument to the court , and to ...
기타 출판본 - 모두 보기
자주 나오는 단어 및 구문
adverse party affidavit alleged allowed amendment answer application appointed attachment attorney bail Barb brought cause of action change the place chapter city and county city of New-York claim clerk Code Rep commenced common law common pleas copy corporation costs county court county judge county of New-York court of appeals court of chancery court of common creditor damages decision deemed defendant defendant's demand demurrer denied effect entitled equity execution filed former practice granted held infant injunction interpleader judgment debtor jurisdiction jury justice justice's court matter ment motion ne exeat note to section notice obtained oyer and terminer Paige place of trial plaintiff pleading prescribed proceedings proper county prosecuted provisional remedy provisions real property recover referee reference remittitur residence revised statutes Sand served sheriff special term specified sufficient suit superior court supreme court sureties therein thereof tion undertaking unless verdict Wend witnesses words
인기 인용구
62 페이지 - Within the age of twenty-one years ; or 2. Insane ; or 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life ; or 4.
82 페이지 - 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.
136 페이지 - When a corporation is a party, the verification may be made by any officer thereof...
73 페이지 - 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.
142 페이지 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
65 페이지 - An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shall have accrued.
164 페이지 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...
142 페이지 - In pleading a judgment, or other determination of a court, or officer of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading shall be bound to establish, on the trial, the facts conferring jurisdiction.
229 페이지 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
80 페이지 - 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.