Practice Reports in the Supreme Court and Court of Appeals, Band 5Joel Munsell, 1851 |
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Seite 3
... filing of the affidavits on which an order is made for publication in case of a non resident defendant ; and where the ... filed , a motion to set aside the order was denied . In such proceedings , the fact of non residence is evidence ...
... filing of the affidavits on which an order is made for publication in case of a non resident defendant ; and where the ... filed , a motion to set aside the order was denied . In such proceedings , the fact of non residence is evidence ...
Seite 4
... filed , and which he swears was used before the judge for the purpose of obtaining the order . In this affidavit both the above mentioned defects are supplied . The Code does not expressly require that the affidavits shall be filed ...
... filed , and which he swears was used before the judge for the purpose of obtaining the order . In this affidavit both the above mentioned defects are supplied . The Code does not expressly require that the affidavits shall be filed ...
Seite 12
... filing a transcript , six cents ; On entering judgment , fifty cents , except in courts where the clerks are salaried ... filed . The clerk is allowed one dollar for every trial , to be paid by the party bringing it on . This extends to ...
... filing a transcript , six cents ; On entering judgment , fifty cents , except in courts where the clerks are salaried ... filed . The clerk is allowed one dollar for every trial , to be paid by the party bringing it on . This extends to ...
Seite 13
... precedes , or is simultaneous with the filing of the judgment roll . The fee of fifty cents is not therefore chargeable till the perfecting of the judgment . 473 . 5 How . 14 - Contra , 12 NEW - YORK PRACTICE REPORTS . 13.
... precedes , or is simultaneous with the filing of the judgment roll . The fee of fifty cents is not therefore chargeable till the perfecting of the judgment . 473 . 5 How . 14 - Contra , 12 NEW - YORK PRACTICE REPORTS . 13.
Seite 31
... filed with the clerk an affidavit stating the order made by Justice WILLARD , that more than ten days had elapsed and no answer had been put in by the defendants , & c . , and caused a final judgment to be entered for the sum claimed in ...
... filed with the clerk an affidavit stating the order made by Justice WILLARD , that more than ten days had elapsed and no answer had been put in by the defendants , & c . , and caused a final judgment to be entered for the sum claimed in ...
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affidavit alleged allowed amend amount answer appeal application arrest assignment attorney authority bill Canal Bank cause of action certiorari chancery church claimed clerk Code codefendant commenced common law complaint contract corporation costs counsel county judge Court of Chancery creditors damages debt debtor decision defendant's demurrer denied entitled equity evidence examination execution facts favor fendant filed given granted ground held injunction intended issue judgment judgment debtor jurisdiction jury Justice legislature lien matter ment motion ne exeat notice objection paid party payment person place of trial plaintiff in error pleading proceedings promissory note provisional remedy question Rail Road reason received recover referred remedy rendered replevin reside Revised Statutes rule served sheriff Special Term statute of frauds suit summons SUPREME COURT Suydam taken tenant thereof tion trust twenty days Van Benthuysen venue Wend witness writ
Beliebte Passagen
Seite 311 - Service by mail may be made, where the person making the service, and the person on whom it is to be made, reside in different places, between which there is a regular communication by nail SEC.
Seite 101 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Seite 100 - 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.
Seite 6 - A statement of the facts constituting the cause of action, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
Seite 468 - If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made.— 1873-306.
Seite 412 - 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.
Seite 102 - 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.
Seite 309 - An order made out of court, without notice to the adverse party, may be vacated or modified, without notice, by the judge who made it; or may be vacated or modified on notice, in the manner in which other motions are made.
Seite 312 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable npglect, and may supply an omission in any proceeding...
Seite 101 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...