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 3

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W. Gould & sons, 1874 - Civil procedure

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Page 276 - 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 188 - In all other cases, the court may direct the jury to find a special verdict in writing, upon all or any of the issues...
Page 563 - ... of the county in which the property is situated, a notice of the pendency of the action...
Page 277 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 623 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention.
Page 597 - 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 247 - ... necessary to enable the court to give judgment or to carry the judgment into effect, the court may take the account or hear the proof, or may, in its discretion, order a reference for that purpose. And where the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury...
Page 11 - Trial by jury may be waived by the several parties to an issue " *•
Page 189 - When a verdict is found for the plaintiff in an action for the recovery of money, or for the defendant when a set-off for the recovery of money is established, beyond the amount of the plaintiff's claim as established, the jury must also assess the amount of the recovery...
Page 271 - ... practice as an attorney or counselor in any court of record in this 'State, or act as referee. The Legislature may impose a similar prohibition upon county judges and surrogates in other counties.

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