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 Whole |
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Page 47
... they shall be filed by him , and a reference to them shall be made in the docket . 3 . The complaint shall state , in a plain and direct manner , the facts constituting the cause of action . 4 . The answer may contain a denial of the 47.
... they shall be filed by him , and a reference to them shall be made in the docket . 3 . The complaint shall state , in a plain and direct manner , the facts constituting the cause of action . 4 . The answer may contain a denial of the 47.
Page 48
... direct man- ner , of any facts constituting a defence . 5 . Pleadings are not required to be in any particular form , but must be such as to enable a person of common under- standing to know what is intended . 6 . Either party may demur ...
... direct man- ner , of any facts constituting a defence . 5 . Pleadings are not required to be in any particular form , but must be such as to enable a person of common under- standing to know what is intended . 6 . Either party may demur ...
Page 74
... direct . " It seems that actions to recover real property of idiots , lunatics , & c . , must be in the name of such idiot , lu- natic , & c . , Lane v . Schemerhorn , 1 Hill , 97. Petrie v . Shoemaker , 24 Wend . 85 . In equity ...
... direct . " It seems that actions to recover real property of idiots , lunatics , & c . , must be in the name of such idiot , lu- natic , & c . , Lane v . Schemerhorn , 1 Hill , 97. Petrie v . Shoemaker , 24 Wend . 85 . In equity ...
Page 82
... direct ; and the court may , in its discretion , make the order . The amendments are in italic . This section is the controlling section in determining whether a demurrer for defect of parties is well taken or not . Mason , J. , in ...
... direct ; and the court may , in its discretion , make the order . The amendments are in italic . This section is the controlling section in determining whether a demurrer for defect of parties is well taken or not . Mason , J. , in ...
Page 96
... direct- ed to the defendant , and shall require him to answer the com- plaint , and serve a copy of his answer on the person whose name is subscribed to the summons , at a place within the State , to be therein specified , in which ...
... direct- ed to the defendant , and shall require him to answer the com- plaint , and serve a copy of his answer on the person whose name is subscribed to the summons , at a place within the State , to be therein specified , in which ...
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Common terms and phrases
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
Popular passages
Page 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.
Page 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.
Page 136 - When a corporation is a party, the verification may be made by any officer thereof...
Page 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.
Page 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...
Page 65 - An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shall have accrued.
Page 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...
Page 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.
Page 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.
Page 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.