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 |
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자주 나오는 단어 및 구문
adverse party affidavit alleged allowed amendment answer application appointed attachment attorney bail Barb bill of exceptions brought cause of action change the place chapter circuit 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 deemed defendant defendant's demurrer denied effect entitled equity examination execution filed granted guardian held infant injunction issue of law judgment debtor jurisdiction jury justice matter ment mortgage motion ne exeat note to section notice obtained oyer and terminer Paige place of trial plaintiff pleading prescribed proceedings proper county provisional remedy provisions real property recover referees reference residence revised statutes Sand served sheriff special term specified sufficient suit superior court supreme court sureties therein thereof tion undertaking unless verified Wend witness
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85 페이지 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2.
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.
105 페이지 - Where the subject of the action is real or personal property in this State, and the defendant has, or claims, a lien or interest, actual or contingent, therein, or the relief demanded consists wholly or partly in excluding the defendant from any interest or lien therein ; 5.
48 페이지 - ... to the court, and to state that there is due to him thereon, from the adverse party, a specified sum, which he claims to recover or set off.
208 페이지 - In an action for the recovery of money only, or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all, or any of the issues...
265 페이지 - ... unless a written undertaking be executed on the part of the appellant, with two or more sureties, to the effect that during the possession of such property by the appellant, he will not commit, or suffer to be committed, any waste thereon...
208 페이지 - ... in favor of the plaintiff; or if they find in favor of the defendant, and that he is entitled to a return thereof; and may at the same time assess the damages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the detention or taking and withholding such property.
287 페이지 - Any court in which an action is pending, or a judge thereof may, upon notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of...
328 페이지 - When the parties do not consent, the court may, upon the application of either, or of its own motion, direct a reference in the following cases: 1. When the trial of an issue of fact requires the examination of a long account on either side...
152 페이지 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...