First[-Fourth] Report of the Commissioners on Practice and Pleadings ...C. Van Benthuysen, public printer, 1848 - Civil procedure |
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Page iv
The present report is designed to accomplish this reform , so far as the subjects
embraced in it are concerned , and so far , also , as a careful examination of the
important subject committed to their hands , and a due regard to the responsibility
...
The present report is designed to accomplish this reform , so far as the subjects
embraced in it are concerned , and so far , also , as a careful examination of the
important subject committed to their hands , and a due regard to the responsibility
...
Page 32
By this table it appears that the present number of courts for the trial of issues of
fact , in ordinary civil actions , ( excluding the city courts and the appellate or
general terms of the supreme court , ) are as follows : Circuits , as ordered for the
year ...
By this table it appears that the present number of courts for the trial of issues of
fact , in ordinary civil actions , ( excluding the city courts and the appellate or
general terms of the supreme court , ) are as follows : Circuits , as ordered for the
year ...
Page 145
troversy , which no system with . of special pleading can dispense We hope we
have shown , that there are no substantial advantages derived from the present
system of pleading . How great , on the other hand , are its disadvantages ? First .
troversy , which no system with . of special pleading can dispense We hope we
have shown , that there are no substantial advantages derived from the present
system of pleading . How great , on the other hand , are its disadvantages ? First .
Page ix
It is not a little singular that no reference is made in the present constitution to the
jurisdiction of this high tribunal , and that no where , except in the constitutions of
1777 and 1821 , have its powers been defined . In those instruments it was ...
It is not a little singular that no reference is made in the present constitution to the
jurisdiction of this high tribunal , and that no where , except in the constitutions of
1777 and 1821 , have its powers been defined . In those instruments it was ...
Page liv
The present form is as follows : па “ County of Columbia , ss : The jurors of the
people of the State of New - York , in and for the body of the county of Columbia ,
upon their oath present , that John Jones , late of the first ward of the city of
Hudson ...
The present form is as follows : па “ County of Columbia , ss : The jurors of the
people of the State of New - York , in and for the body of the county of Columbia ,
upon their oath present , that John Jones , late of the first ward of the city of
Hudson ...
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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 |