First[-Fourth] Report of the Commissioners on Practice and Pleadings ...C. Van Benthuysen, public printer, 1848 - Civil procedure |
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Page 77
The legisIature , in adopting this provision , no doubt acted upon the well known
fact , that in many cases , without reference at all to the merits of the controversy ,
parties had been turned out of courts of equity , because they should have gone ...
The legisIature , in adopting this provision , no doubt acted upon the well known
fact , that in many cases , without reference at all to the merits of the controversy ,
parties had been turned out of courts of equity , because they should have gone ...
Page 146
All experience shows , that division of labor is most favorable to success , and if
there are always to be two distinct systems , one of law and the other of equity , it
were far better that they should be confided to distinct hands . The people ...
All experience shows , that division of labor is most favorable to success , and if
there are always to be two distinct systems , one of law and the other of equity , it
were far better that they should be confided to distinct hands . The people ...
Page 177
The testimony in equity cases shall be taken in like manner as in cases at law . ” (
Article 6 , section 10 . ) “ The cases in which it has been heretofore used , ” are all
cases at common law , except that a reference might have been ordered ...
The testimony in equity cases shall be taken in like manner as in cases at law . ” (
Article 6 , section 10 . ) “ The cases in which it has been heretofore used , ” are all
cases at common law , except that a reference might have been ordered ...
Page 5
Too often have the people made the vain inquiry , why is not all law made
conformable to equity ? Why is the distinction retained , and why are we
burthened with a double system of jurisprudence ? They observed that both were
administered ...
Too often have the people made the vain inquiry , why is not all law made
conformable to equity ? Why is the distinction retained , and why are we
burthened with a double system of jurisprudence ? They observed that both were
administered ...
Page 8
There shall be a supreme court , having general jurisdiction in law and equity . "
Sec . 5 . “ The Legislature shall have the same powers to alter and regulate the
jurisdiction and proceedings in law and equity , as they have heretofore ...
There shall be a supreme court , having general jurisdiction in law and equity . "
Sec . 5 . “ The Legislature shall have the same powers to alter and regulate the
jurisdiction and proceedings in law and equity , as they have heretofore ...
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Contents
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Common terms and phrases
according action affidavit alleged allowed Amend amount answer appeal application appointed arrest attorney authority bail brought cause cause of action CHAPTER charge circuit civil claim clerk commenced Commissioners committed common complaint constitution contained continue copy costs deemed defendant demand designed determination direct dollars duty effect entered equity evidence examination execution existing fact filed follows give given held interest issue judge judgment jurisdiction jurors jury justice limitation manner matter means ment mode necessary New-York notice object offence officer original party person plaintiff pleading pleas practice prescribed present proceedings proposed provisions question real property reason received recovery reference relating rendered reside respect rule served sheriff statute sufficient suit summons supreme court taken therein thereof tion trial tried unless witness writ
Popular passages
Page 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.
Page 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.
Page 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.
Page 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.
Page 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...
Page 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.
Page 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.
Page 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...
Page 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.
Bibliographic information
| Title | First[-Fourth] Report of the Commissioners on Practice and Pleadings ... Volumes 1-4 of First[-Fourth] Report of the Commissioners on Practice and Pleadings, New York (State). Commissioners on Practice and Pleadings |
| Author | New York (State). Commissioners on Practice and Pleadings |
| Publisher | C. Van Benthuysen, public printer, 1848 |
| Export Citation | BiBTeX EndNote RefMan |