Practice and Pleading Under the Codes, Original and Amended: With Appendix of Formsauthor. [E. O., Jenkins, printer], 1852 - 869ÆäÀÌÁö |
µµ¼ º»¹®¿¡¼
84°³ÀÇ °á°ú Áß 1 - 5°³
3 ÆäÀÌÁö
... direct under any circumstances . The general tenor of the work pre - supposes likewise an acquaintance on the part of the student with the ele- mentary and other works in relation to the practice un- der the old system . For some time ...
... direct under any circumstances . The general tenor of the work pre - supposes likewise an acquaintance on the part of the student with the ele- mentary and other works in relation to the practice un- der the old system . For some time ...
10 ÆäÀÌÁö
... direct opposition to the principles laid down in Beecher v . Allen , 5 Barb . S. C. R. 169 ; that courts of law ought not rashly to presume that the legislature has transcended its powers , but that the presumption lies the other way ...
... direct opposition to the principles laid down in Beecher v . Allen , 5 Barb . S. C. R. 169 ; that courts of law ought not rashly to presume that the legislature has transcended its powers , but that the presumption lies the other way ...
11 ÆäÀÌÁö
... direct and positive violation of the constitution , the courts , it may well be contended , are bound to give it that effect , whatever may be their own views on the subject ; and certainly the general doctrines as to constitutionality ...
... direct and positive violation of the constitution , the courts , it may well be contended , are bound to give it that effect , whatever may be their own views on the subject ; and certainly the general doctrines as to constitutionality ...
37 ÆäÀÌÁö
... direct to the court of appeals without any intervening jurisdiction , and that their appellate cognizance over the inferior courts within the city , is , since the Code of 1849 , peculiarly exercised by the court of common pleas , under ...
... direct to the court of appeals without any intervening jurisdiction , and that their appellate cognizance over the inferior courts within the city , is , since the Code of 1849 , peculiarly exercised by the court of common pleas , under ...
63 ÆäÀÌÁö
... direct re- verse of the statement in the body of the report . Where , too , the plaintiff in a judgment creditor's suit , at- tempted to reach moneys due on a mortgage , alleged to be fraudulently assigned , it was held that the ...
... direct re- verse of the statement in the body of the report . Where , too , the plaintiff in a judgment creditor's suit , at- tempted to reach moneys due on a mortgage , alleged to be fraudulently assigned , it was held that the ...
±âŸ ÃâÆǺ» - ¸ðµÎ º¸±â
ÀÚÁÖ ³ª¿À´Â ´Ü¾î ¹× ±¸¹®
9 Barb accordingly adverse party adverse possession affidavit allegation allowed amount answer application arrest attorney averment cause of action chapter circumstances cited claim clerk Code commenced complaint Comst considered copy costs course court of appeals decision default defendant defendant's demurrer duly effect entered entitled entry of judgment equitable evidence execution facts filed former given granted ground held injunction issue joinder of issue judgment debtor jurisdiction jury justice laid matter ment nature necessary obtained old practice Oyer and Terminer payment person plaintiff pleading prescribed principle proceedings promissory note proper provisional remedy provisions purpose question real property referee reference refused relation relief remedy remittitur replevin respect Revised Statutes rule Sandf served sheriff special term stay of proceedings subdivision subsequent sufficient suit summons supreme court sureties taken thereof tion trial unless verdict witness
Àαâ Àο뱸
194 ÆäÀÌÁö - 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...
166 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 or prevention of private wrongs, which shall be denominated a civil action.
735 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 two hundred and fifty dollars.
505 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.
209 ÆäÀÌÁö - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of 1. The same transaction, or transactions connected with the same subject of action ; 2.
416 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.
69 ÆäÀÌÁö - ... notice to such person and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount of the debt, or delivering the property or its value to such person as the Court may direct ; and the court may, in its discretion, make the order.
69 ÆäÀÌÁö - And when, in an action for the recovery of real or personal property, a person not a party to the action, but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be brought in by the proper amendment.
812 ÆäÀÌÁö - That he is the petitioner herein; that he has read the foregoing petition and knows the contents thereof, and' that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
342 ÆäÀÌÁö - The court may change the place of trial in the following cases : 1. When the county designated for that purpose in the complaint is not the proper county ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.