The Code of Procedure of the State of New York: From 1848 to 1871. Comprising the Act as Originally Enacted, and the Various Amendments Made Thereto, to the Close of the Session of 1870, with a Full Index |
From inside the book
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Page 13
... hundred and thirty - eight of the laws of eighteen hundred and fifty - eight . 4. An appeal from any order to the court of appeals , affecting a substantial right , arising upon any interlocutory proceeding , or upon any question of ...
... hundred and thirty - eight of the laws of eighteen hundred and fifty - eight . 4. An appeal from any order to the court of appeals , affecting a substantial right , arising upon any interlocutory proceeding , or upon any question of ...
Page 20
... hundred and forty - eight ; and the order of the supreme court adopted July fourteen , one thousand eight hundred and forty - seven prescribing the times and places of holding the general and specia terms of the court , and the circuit ...
... hundred and forty - eight ; and the order of the supreme court adopted July fourteen , one thousand eight hundred and forty - seven prescribing the times and places of holding the general and specia terms of the court , and the circuit ...
Page 21
... hundred and forty - eight and one thousand eight hundred and forty - nine , and assigning the business and duties thereof to the several judges of the court , is , from and after the first day of July , one thousand eight hundred and ...
... hundred and forty - eight and one thousand eight hundred and forty - nine , and assigning the business and duties thereof to the several judges of the court , is , from and after the first day of July , one thousand eight hundred and ...
Page 23
... hundred and forty - eight , by appointment in writing , designate the times and places of hold- ing the general and special terms , circuit courts and courts of oyer and terminer , and the judges by whom they shall be held ; which ...
... hundred and forty - eight , by appointment in writing , designate the times and places of hold- ing the general and special terms , circuit courts and courts of oyer and terminer , and the judges by whom they shall be held ; which ...
Page 28
... hundred dollars , or the recovery of the por session of personal property not exceeding in value five hundred dollars , and in which all the defendants are residents of the county in which the action is brought at the time of its ...
... hundred dollars , or the recovery of the por session of personal property not exceeding in value five hundred dollars , and in which all the defendants are residents of the county in which the action is brought at the time of its ...
Other editions - View all
The Code of Procedure of the State of New York: From 1848 to 1871 ... New York (State) No preview available - 2013 |
The Code of Procedure of the State of New York: From 1848 to 1871 ... New York (State) No preview available - 2021 |
The Code of Procedure of the State of New York: From 1848 to 1871 ... New York (State) No preview available - 1870 |
Common terms and phrases
action or proceeding adverse party affidavit allegation allowed am'd amended amount answer appellate court application appointed attorney bail brought cause of action chapter circuit courts city and county city of Albany civil action claim clerk commenced common pleas complaint copy corporation county court county judge court of appeals court of common courts of oyer damages deemed defendant deliver demurrer deposit direct discretion docketed effect enforced entered entitled examined exceeding execution filed granted hundred dollars infant issue of fact issue of law judgment debtor judgment roll jurisdiction jury justice manner ment motion notice of appeal oyer and terminer pending personal property plaintiff pleading prescribed prosecuted provided in section provisional remedy real property recovery of money referee require resident served sheriff special term specified statute summons superior court supreme court sureties taken thereafter therein thereto thereupon tion trial twenty days unless verdict witness words were added York
Popular passages
Page 85 - 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 107 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 122 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 82 - 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 83 - 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 82 - Of the parties to the action those who are united in interest must be joined as plaintiffs or defendants...
Page 107 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition.
Page 78 - 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.
Page 59 - ... there shall be in this State hereafter but one form of action for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Page 189 - 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.