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 1

Front Cover
W. Gould & Sons, 1872 - Civil procedure

From inside the book

Contents

Jurisdiction of the person
46
Where right of action accrued before adoption
49
Actions other than those for the recovery of real property
55
Part I Chap VIActions time of commencingContinued
61
Part IVCommencement of actions
62
Of remedies without action
67
Distress and seizure of cattle
77
Redress by operation of
82
Parties to actions
88
e Principal and agent
95
Part I Chap IX Parties to actions Continued PAGE
99
Sussman
107
71
116
Part II Chap IXParties to actions Continued PAGE
119
Who must be joined as defendants
133
Part I Chap IXParties to actions Continued PAGE
134
60
138
Change of parties
140
Gilby
156
Part I Chap IXParties to actions Continued PAGE
158
72
171
Part I Chap IXParties to actionsContinued PAGE
178
Part I Chap XILeave to bring or defend actions PAGE
191
Alliance Insurance Co v Cleveland 622
196
Part I Chap XILeave to bring or defend actions Continued PAGE
198
Harper
207
Part I Chap XILeave to bring or defend actions Continued PAGE
213
Amiable Nancy
214
Relief from submission
219
Part IIOf courts and their officers Chap IOf courts generallyContd PAGE
222
Officers of courts
231
Part II Chap I Officers of courts Continued PAGE
239
73
241
75
250
Clerks
252
Part II Chap IIIOf the United States Supreme Court Continued PAGE
258
Of the removal of causes to the United States circuit court
266
Of the court of appeals
279
Part II Chapter VII Of the Court of Appeals Continued PAGE
280
Rules and calendars
286
Jurisdiction
295
Part II Chap VIIIOf the Supreme CourtContinued PAGE
297
76
307
Part II Chap VIIIOf the Supreme Court Continued PAGE
311
Part II Chap XIIMayors and Recorders Courts Continued PAGE
365
City court of Brooklyn
371
Part II Chap XIIICity Court of Brooklyn Continued PAGE
373
Part II Chap XIII City Court of Brooklyn Continued PAGE
379
Martindale
387
Powers
392
Part II Chap XIV County Courts Continued PAGE
395
Rules and calendars
401
Part II Chap XIVCounty Courts Continued PAGE
403
Terms
409
Practice at law prior to 1846
419
Part III Practice Chap IIGeneral nature of Continued PAGE
423
The execution
430
Part III Chap III Practice in equity Continued PAGE
437
The present practice and upon what it is founded
445
Part III Chap VPresent practice Continued PAGE
455
Discretion of the court
463
Undertakings
479
Harrington
482
Guardian for infant plaintiff
485
Andrews
490
Notice of no personal claim
492
Actions when deemed commenced
501
Service of the summons
507
Part IV Chap IIService of summons Continued PAGE
509
Substituted service
532
Irregular defective or fraudulent service
540
Part IV Chap IIService of summons Continued PAGE
541
Return of process
550
General preliminaries
568
Part IV Chap IVProceedings by defendant etc Continued PAGE
576
Provisional remedies
587
In what cases an arrest may be made
605
Smith
621
Proceedings to obtain an order of arrest
632
Part V Chap I Arrest and bail Continued PAGE
633
Security by plaintiff
646
Part V Chap IArrest and bail Continued PAGE
666
Part V Chap I Arrest and bail Continued PAGE
696
Replevin or claim and delivery
708
Part V Chap II Replevin or claim and delivery Continued PAGE
723
Part V Chap XI Replevin or claim and delivery Continued PAGE
741
Arrest of defendant
747

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Common terms and phrases

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.

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