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 - 394 Seiten |
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Seite 17
... verdict and judgment without any exceptions or proceedings intermediate the verdict , and filing the judgment record ; and an appeal was brought upon the judgment . The suit was commenced prior to 1st July , 1848 , but the verdict and ...
... verdict and judgment without any exceptions or proceedings intermediate the verdict , and filing the judgment record ; and an appeal was brought upon the judgment . The suit was commenced prior to 1st July , 1848 , but the verdict and ...
Seite 18
... verdict of a jury upon a question of fact , upon the trial of which there is a question as to the credibility of a witness by which it is sought to be proved . Rice v . Floyd , 4 Pr . R. 27. 1 Coms . 608. 1 Code Rep . 112 . From an ...
... verdict of a jury upon a question of fact , upon the trial of which there is a question as to the credibility of a witness by which it is sought to be proved . Rice v . Floyd , 4 Pr . R. 27. 1 Coms . 608. 1 Code Rep . 112 . From an ...
Seite 46
... verdict he shall pay costs to the plaintiff , 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 ...
... verdict he shall pay costs to the plaintiff , 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 ...
Seite 80
... verdict or plea of con- fession , and before judgment , shall not abate the action , but the court may within two terms after such verdict or confession , enter final judgment in the names of the original parties . An administrator of a ...
... verdict or plea of con- fession , and before judgment , shall not abate the action , but the court may within two terms after such verdict or confession , enter final judgment in the names of the original parties . An administrator of a ...
Seite 94
... verdict in the county where it was laid . 12 Wend . 203. And it was held sufficient cause to change the place of trial , that the circuit judge of the district where the venue was laid , was previous to his appointment counsel in the ...
... verdict in the county where it was laid . 12 Wend . 203. And it was held sufficient cause to change the place of trial , that the circuit judge of the district where the venue was laid , was previous to his appointment counsel in the ...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... New York,Member of the New-York Bar Keine Leseprobe verfügbar - 2016 |
The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... New York,Member of the New-York Bar Keine Leseprobe verfügbar - 2016 |
Häufige Begriffe und Wortgruppen
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
Beliebte Passagen
Seite 62 - 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.
Seite 82 - 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 136 - When a corporation is a party, the verification may be made by any officer thereof...
Seite 73 - 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.
Seite 142 - 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...
Seite 65 - An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shall have accrued.
Seite 164 - ... 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...
Seite 142 - 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.
Seite 229 - 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 80 - 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.