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 - 394ÆäÀÌÁö |
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21 ÆäÀÌÁö
... unless the court order a re - hearing . " There was a doubt entertained whether this section , as it stood prior to amend- ment , was constitutional ; but in Mason v . Jones ( 3 Coms . 375 , 3 Code Rep . 164 , ) the court of appeals ...
... unless the court order a re - hearing . " There was a doubt entertained whether this section , as it stood prior to amend- ment , was constitutional ; but in Mason v . Jones ( 3 Coms . 375 , 3 Code Rep . 164 , ) the court of appeals ...
40 ÆäÀÌÁö
... unless this balance and the subsequent accounts , exceed four hundred dollars , the jus- tice has jurisdiction . ( Code , Sec . 54 , subd . 4 , 2 Cow . 431. ) The superior court in Maguire v . Callagher ( 2 Sand . S. C. R. 402 , 1 Code ...
... unless this balance and the subsequent accounts , exceed four hundred dollars , the jus- tice has jurisdiction . ( Code , Sec . 54 , subd . 4 , 2 Cow . 431. ) The superior court in Maguire v . Callagher ( 2 Sand . S. C. R. 402 , 1 Code ...
41 ÆäÀÌÁö
... unless the judgment is for more than $ 50 , and the want of such appearance cannot be taken advantage of by the defendant If , however , the judgment is for a sum exceeding $ 50 , it would be necessary that both parties should ...
... unless the judgment is for more than $ 50 , and the want of such appearance cannot be taken advantage of by the defendant If , however , the judgment is for a sum exceeding $ 50 , it would be necessary that both parties should ...
46 ÆäÀÌÁö
... unless the judge certify that the title to real property came in question on the trial . The amendment is the substitution of the word " county " for the word " supreme . " As to the mode of entering judgment , see section 274 of this ...
... unless the judge certify that the title to real property came in question on the trial . The amendment is the substitution of the word " county " for the word " supreme . " As to the mode of entering judgment , see section 274 of this ...
48 ÆäÀÌÁö
... unless the court shall be satisfied that the adverse party has been misled to his prejudice thereby . 11. ( Amended . ) The pleadings may be amended at any time before the trial , or during the trial , or upon appeal 48.
... unless the court shall be satisfied that the adverse party has been misled to his prejudice thereby . 11. ( Amended . ) The pleadings may be amended at any time before the trial , or during the trial , or upon appeal 48.
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adverse party affidavit alleged allowed amendment answer application appointed arrest attorney bail Barb brought cause of action change the place city and county city of New-York civil actions 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 damages deemed defendant defendant's demand demurrer denied entitled equity execution facts filed granted guardian held infant injunction interpleader judgment debtor jurisdiction jury justice justice's court matter ment mortgage motion note to section notice obtained oyer and terminer Paige person 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 trial named undertaking unless verdict Wend witnesses
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62 ÆäÀÌÁö - 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 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.
136 ÆäÀÌÁö - When a corporation is a party, the verification may be made by any officer thereof...
73 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.
142 ÆäÀÌÁö - 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 ÆäÀÌÁö - An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shall have accrued.
164 ÆäÀÌÁö - ... 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 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.