First[-Fourth] Report of the Commissioners on Practice and Pleadings ...C. Van Benthuysen, public printer, 1848 |
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Seite 48
... manner , upon the petition of the debtor for a discharge o the warrant of attachment , on the ground that he was not ab- sconding , concealed or non - resident , when the warrant was issued . ( 2 R. S. , 3d ed , 70 , 71 , sec . 45-52 ...
... manner , upon the petition of the debtor for a discharge o the warrant of attachment , on the ground that he was not ab- sconding , concealed or non - resident , when the warrant was issued . ( 2 R. S. , 3d ed , 70 , 71 , sec . 45-52 ...
Seite 55
... manner in which this ob- ject is attained . We commence by proposing , by section 45 , to repeal the existing statutory provisions , conferring the jurisdiction of these courts , with reference to the existing forms of action ; ( 2 ...
... manner in which this ob- ject is attained . We commence by proposing , by section 45 , to repeal the existing statutory provisions , conferring the jurisdiction of these courts , with reference to the existing forms of action ; ( 2 ...
Seite 75
... manner forbidden by the rules of pleading , which prevail in the courts of law . This distinction , so far as equitable pleading is concerned , has resulted mainly from the peculiar power of a court of equity in enforcing discovery in ...
... manner forbidden by the rules of pleading , which prevail in the courts of law . This distinction , so far as equitable pleading is concerned , has resulted mainly from the peculiar power of a court of equity in enforcing discovery in ...
Seite 76
... manner to be prescribed by law ; " and by the tenth section of the sixth article , that " the testimony in equity cases shall be taken in like manner as in cases at law . " Under these sections , the legislature have power to provide ...
... manner to be prescribed by law ; " and by the tenth section of the sixth article , that " the testimony in equity cases shall be taken in like manner as in cases at law . " Under these sections , the legislature have power to provide ...
Seite 111
... manner issued to the sheriff of the county in which such corporation was locatel by law , or in which the place of trans- acting its business was situated , with the intent to be actually served ; and that such process was duly returned ...
... manner issued to the sheriff of the county in which such corporation was locatel by law , or in which the place of trans- acting its business was situated , with the intent to be actually served ; and that such process was duly returned ...
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Häufige Begriffe und Wortgruppen
adverse party affidavit Albany allegation Amend answer application arrest attorney bail cause of action chancery CHAPTER city and county city of New-York civil actions clerk commenced Commissioners common law common pleas complaint constitution copy costs county courts county judge county of New-York court of appeals court of chancery court of common court of sessions courts of equity courts of oyer criminal deemed defendant dollars duty examination execution existing filed forms of action grand jury indictment judgment debtor judicial jurisdiction jurors justice legislature manner ment mode necessary notice offence officer oyer and terminer plaintiff pleading practice prescribed present proceedings proposed prosecution provisional remedies provisions question read as follows real property recovery reference remedy rendered respect Revised Statutes rule served sheriff special terms suit summons superior court supreme court therein thereof tion trial by jury witness writ
Beliebte Passagen
Seite 194 - 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.
Seite 187 - The verdict of a jury is either general or special. A general verdict Is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant: a special verdict is that by which the jury find the facts only, leaving the judgment to the court.
Seite 127 - No action shall abate by the death, marriage, or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Seite 160 - 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.
Seite 127 - 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...
Seite 194 - Judgment may be given, for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.
Seite 128 - 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 112 - If a person entitled to bring an action mentioned in the Exceptions, last chapter, except for a penalty or forfeiture, or against a Sheriff or other officer, for an escape, be at the time the cause of action accrued, either, 1. Within the age of twenty-one years ; or, 2. Insane; or, 3. Imprisoned on a criminal charge; or, in execution under the sentence of a- criminal Court, for a term less than his natural life; the time of such disability is not a part of the time limited for the commencement of...
Seite 127 - 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.