The Code of Procedure of the State of New York: With Notes, an Appendix, and IndexJohn S. Voorhies, 1855 - 798ÆäÀÌÁö |
µµ¼ º»¹®¿¡¼
100°³ÀÇ °á°ú Áß 1 - 5°³
24 ÆäÀÌÁö
... question which need not now be decided . We are of opinion that this appeal may be prosecuted in the saine manner as though the code had not been passed . " And see also Spaulding v . Kingsland , 1 Code Rep . , 110 ; 1 Coms . , 426 ...
... question which need not now be decided . We are of opinion that this appeal may be prosecuted in the saine manner as though the code had not been passed . " And see also Spaulding v . Kingsland , 1 Code Rep . , 110 ; 1 Coms . , 426 ...
25 ÆäÀÌÁö
... questions of law . So held , where there was a trial before a judge , with- out a jury , and a case made , upon which ... question as to the credibility of a witness by which it is sought to be proved . Rice v . Floyd , 4 Pr . R , 27 ; 1 ...
... questions of law . So held , where there was a trial before a judge , with- out a jury , and a case made , upon which ... question as to the credibility of a witness by which it is sought to be proved . Rice v . Floyd , 4 Pr . R , 27 ; 1 ...
26 ÆäÀÌÁö
... question , and an action for the same cause was commenced in the old court of Common Pleas , and by operation of the law was transferred to the supreme court , the appeal from the judgment of the supreme court , in such action was ...
... question , and an action for the same cause was commenced in the old court of Common Pleas , and by operation of the law was transferred to the supreme court , the appeal from the judgment of the supreme court , in such action was ...
27 ÆäÀÌÁö
... question of law is raised by the return , and questions of fact alone presented for the consideration of the court ... question of law was raised in the court below , and no exception taken to any ruling or decision of the judge or court ...
... question of law is raised by the return , and questions of fact alone presented for the consideration of the court ... question of law was raised in the court below , and no exception taken to any ruling or decision of the judge or court ...
35 ÆäÀÌÁö
... question , except on appeal , that could come before the general term ; questions as to the opening of streets , as to granting mandamus or certiorari , and has even quashed a certiorari allowed ex parte at the general term , and its ...
... question , except on appeal , that could come before the general term ; questions as to the opening of streets , as to granting mandamus or certiorari , and has even quashed a certiorari allowed ex parte at the general term , and its ...
±âŸ ÃâÆǺ» - ¸ðµÎ º¸±â
ÀÚÁÖ ³ª¿À´Â ´Ü¾î ¹× ±¸¹®
9 Pr adverse party affidavit alleged allowed amendment amount answer application appointed assignment attachment attorney averment bail Barb bill calendar cause of action circuit claim clerk Code Rep commenced common pleas complaint contract copy costs county court court of appeals court of chancery creditor damages decision defendant defendant's demand demurrer denied Duer effect entered entitled evidence examination execution Existing suits facts filed granted ground held injunction issue judgment debtor jurisdiction jury justice matter ment ne exeat necessary note to section notice objection obtained payment pending place of trial plaintiff pleading prescribed proceedings promissory note provisional remedy provisions question real property recover referee reference remittitur rendered residence revised statutes rule Sand security for costs served sheriff Smith special term subdivision sufficient summons superior court supreme court sureties thereof tion twenty days unless verdict verified Wend witness words
Àαâ Àο뱸
116 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.
280 ÆäÀÌÁö - Before making the order, the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect, that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least one hundred dollars.
297 ÆäÀÌÁö - He must, without delay, serve on the defendant a copy of the affidavit, notice, and undertaking, by delivering the same to him personally, if he can be found, or to his agent from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion, or, if neither have any known place of abode, by putting them in the nearest post-office, directed to the defendant.
221 ÆäÀÌÁö - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
339 ÆäÀÌÁö - And where the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury; or if, to determine the amount of damages, the examination of a long account be involved, by a reference as above provided; 3.
361 ÆäÀÌÁö - In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
304 ÆäÀÌÁö - ... that the defendant is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted, to restrain such act.
240 ÆäÀÌÁö - In an action for libel or slander, it is not necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it is sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff must establish, on the trial, that it was so published or spoken.
99 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.
398 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.