The Practice at Law: In Equity, and in Special Proceedings, in All the Courts of Record in the State of New York; with Appropriate Forms, Volume 1W. Gould & Sons, 1872 - Civil procedure |
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Page iii
... decisions of the courts . There is still another feature of these works which deserves notice . In some of them the Code seems to be regarded as the entire system of practice , and their efforts seem to have been limited to an exposi ...
... decisions of the courts . There is still another feature of these works which deserves notice . In some of them the Code seems to be regarded as the entire system of practice , and their efforts seem to have been limited to an exposi ...
Page iv
... decisions to settle what is the present practice . No work on practice can be complete unless it furnishes the entire practice as it now exists , whether its rules are given by statute , or are founded upon the decisions of the courts ...
... decisions to settle what is the present practice . No work on practice can be complete unless it furnishes the entire practice as it now exists , whether its rules are given by statute , or are founded upon the decisions of the courts ...
Page v
... decisions as to the construction of that act , were unavoidable under the circumstances . But , after more than twenty ... decision by the courts . Yet the great important principles are so well settled that the practitioner will seldom ...
... decisions as to the construction of that act , were unavoidable under the circumstances . But , after more than twenty ... decision by the courts . Yet the great important principles are so well settled that the practitioner will seldom ...
Page x
... decisions , and to cite just sufficient cases to establish the rule , leaving the reader to consult the digests or codes for a collection of all the authorities . In selecting the forms of practice , those prepared by N. C. Moak , Esq ...
... decisions , and to cite just sufficient cases to establish the rule , leaving the reader to consult the digests or codes for a collection of all the authorities . In selecting the forms of practice , those prepared by N. C. Moak , Esq ...
Page xliv
... decisions of the courts , 456 Article IV . Decisions of the court ... 456 Section 1. English and American law and equity decisions ..... 456 Section 2. Construction of statutes .... 456 Section 3. Supplying defects in statutes 457 ...
... decisions of the courts , 456 Article IV . Decisions of the court ... 456 Section 1. English and American law and equity decisions ..... 456 Section 2. Construction of statutes .... 456 Section 3. Supplying defects in statutes 457 ...
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Common terms and phrases
affidavit application appointed ARTICLE assignable attorney authority Bank Barb Bosw cause of action circuit court claim clerk Code commenced common law common pleas complaint Comst Const constitution of 1846 contract corporation county court court of appeals court of chancery court of common court of equity courts of record damages debt debtor deceased decree defendant Duer duties E. D. Smith enforce ex rel executor exercise filed forma pauperis grant injury interest interpleader issue joinder joined judges judgment jurisdiction jury justice Kern liable maintain an action matter Mayor N. Y. 3 Smith necessary notice Paige party person petition plaintiff possession powers practice principles proceedings prosecuted real property recorder's court relief remedy remittitur removal right of action rule Sandf Section Seld sheriff special term statute suit superior court supreme court thereof Tiff tion torts trial trustee Wait's Wend writ York
Popular passages
Page 62 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.
Page 39 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Page 158 - ... that the same is true of his own knowledge except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Page 49 - If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive...
Page 180 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Page 126 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 92 - That every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person...
Page 643 - Before issuing the writ. the clerk must require a written undertaking on the part of the plaintiff, in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Page 648 - ... to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Page 513 - Where the subject of the action is real or personal property in this State, and the defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly or partly in excluding the defendant from any interest or lien therein ; 5.