Practice and Pleading in Actions in the Courts of Record in the State of New York, Under the Code of Procedure, and Other Statutes, where Applicable: With an Appendix of Forms, Volume 2author, 1863 - Civil procedure |
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Page 15
... action , Davis vs. Duffie , 5 Duer , 688 ; 3 Abb . , 363 . See also , as to a motion to stay proceedings in an action against a receiver , commenced without leave of the court , Taylor vs. Baldwin , above cited . ( e . ) MOTION TO ELECT ...
... action , Davis vs. Duffie , 5 Duer , 688 ; 3 Abb . , 363 . See also , as to a motion to stay proceedings in an action against a receiver , commenced without leave of the court , Taylor vs. Baldwin , above cited . ( e . ) MOTION TO ELECT ...
Page 37
... actions arising on contract , and the section itself was less explicit in its terms . §386 . ( 339. ) In an action arising on contract , the defendant may , with his answer , serve upon the plaintiff an offer in writing , that if he ...
... actions arising on contract , and the section itself was less explicit in its terms . §386 . ( 339. ) In an action arising on contract , the defendant may , with his answer , serve upon the plaintiff an offer in writing , that if he ...
Page 46
... action must be had after its commencement , except the time within which an appeal may be taken , may be enlarged , upon an affidavit showing grounds therefor ; or , if the action be in the Supreme Court , by a county judge ; the ...
... action must be had after its commencement , except the time within which an appeal may be taken , may be enlarged , upon an affidavit showing grounds therefor ; or , if the action be in the Supreme Court , by a county judge ; the ...
Page 50
... action have been improperly united ; or , 6. That the complaint does not state facts sufficient to constitute a cause of action . And the next section then further provides : $ 145 . ( 123. ) The demurrer shall distinctly specify the ...
... action have been improperly united ; or , 6. That the complaint does not state facts sufficient to constitute a cause of action . And the next section then further provides : $ 145 . ( 123. ) The demurrer shall distinctly specify the ...
Page 54
... ACTION . To bring the case within this subdivision , the action in question must be pending between the same parties , and for the same cause If both these conditions be not satisfied demurrer will not lie , and the defence , if a ...
... ACTION . To bring the case within this subdivision , the action in question must be pending between the same parties , and for the same cause If both these conditions be not satisfied demurrer will not lie , and the defence , if a ...
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Common terms and phrases
18 Barb 29 Barb 33 Barb 9 Abb actual admissible adverse party affidavit affirmed allegation allowed amendment American Exchange Bank amount answer application attorney Bank Bosw calendar cause of action chapter cited claim clerk Code complaint Comst copy costs counter-claim course decision default defect defendant demurrer direct Duer E. D. Smith effect entered entitled entry of judgment evidence examination execution fact fees filed given granted ground held Hilt Insurance Company issue joinder of issue judge jurisdiction jury Kern lien likewise manner matter ment motion nature necessary notice objection obtained payment person plaintiff pleading prescribed proceedings proof proper provisions purpose question Railroad Company referee reference refused relief remittitur rendered replevin rule Sandf Seld served sheriff special term specific stay of proceedings subdivision subsequent sufficient suit summons supra taken thereof tion trial unless verdict Vide witness York
Popular passages
Page 481 - Judgment may be given, for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.
Page 481 - 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.
Page 155 - 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.
Page 209 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may 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.
Page 260 - Any court in which an action is pending, or a judge thereof may, upon notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of...
Page 886 - 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 711 - ... such property by the appellant, he will not commit, or suffer to be committed, any waste thereon...
Page 125 - Every agreement that, by its terms, is not to be performed within one year from the making thereof.
Page 8 - States to be holden in the district where the suit is pending, and offer good and sufficient surety for his entering in such court, on the first day of its session, copies of said process against him...
Page 710 - ... two or more sureties, to the effect that during the possession of such property by the appellant, he will not commit, or...