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 10
... tried ; to the trial and all subsequent proceedings . 3. After a judgment or order to the proceedings to enforce , vacate , modify or re- verse it , including the costs of an appeal . Code , s . 459. ] ecre- sion , 1 by aws , THE r suits.
... tried ; to the trial and all subsequent proceedings . 3. After a judgment or order to the proceedings to enforce , vacate , modify or re- verse it , including the costs of an appeal . Code , s . 459. ] ecre- sion , 1 by aws , THE r suits.
Page 18
... tried at law , and the granting or refusing a new trial . Lansing v . Russell , 4 Pr . R. 213 . Are such orders subject to review when the final order on the merits is considered . Ib . From a decree which directs a reference for the ...
... tried at law , and the granting or refusing a new trial . Lansing v . Russell , 4 Pr . R. 213 . Are such orders subject to review when the final order on the merits is considered . Ib . From a decree which directs a reference for the ...
Page 29
... tried in such court upon a bill of exceptions , or case made subject to an appeal to the supreme court . The alterations in this section are very extensive and numerous . We give the section entire as it stood in the code of 1849 , in ...
... tried in such court upon a bill of exceptions , or case made subject to an appeal to the supreme court . The alterations in this section are very extensive and numerous . We give the section entire as it stood in the code of 1849 , in ...
Page 57
... tried by a jury , an order for the trial may be made , stating distinctly and plainly , the question of fact to be tried , and such order 4 57.
... tried by a jury , an order for the trial may be made , stating distinctly and plainly , the question of fact to be tried , and such order 4 57.
Page 58
... tried , and such order shall be the only authority necessary for a trial . See rules of supreme court , in appendix , rule 71 . CHAPTER I. II . III . TITLE II . Time of commencing civil actions . In general . For the recovery of real ...
... tried , and such order shall be the only authority necessary for a trial . See rules of supreme court , in appendix , rule 71 . CHAPTER I. II . III . TITLE II . Time of commencing civil actions . In general . For the recovery of real ...
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Common terms and phrases
adverse party affidavit alleged allowed amendment answer application appointed attachment attorney bail Barb brought cause of action change the place chapter city and county city of New-York 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 creditor damages decision deemed defendant defendant's demand demurrer denied effect entitled equity execution filed former practice granted held infant injunction interpleader judgment debtor jurisdiction jury justice justice's court matter ment motion ne exeat note to section notice obtained oyer and terminer Paige 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 undertaking unless verdict Wend witnesses words
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.