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 |
From inside the book
Results 1-5 of 100
Page 1
... considered in the preceding book , the responsive branches of pleading and the proceedings of the parties in connection therewith , or appropriate to that period of the suit , will be treated of in the present , so as regularly to bring ...
... considered in the preceding book , the responsive branches of pleading and the proceedings of the parties in connection therewith , or appropriate to that period of the suit , will be treated of in the present , so as regularly to bring ...
Page 5
... considered to have been no bar to the granting of an order , on the petition of the actual defendants , citizens of another state . The decision is however at special term , and the actual adjudication turned upon another point , viz ...
... considered to have been no bar to the granting of an order , on the petition of the actual defendants , citizens of another state . The decision is however at special term , and the actual adjudication turned upon another point , viz ...
Page 12
... considered as a waiver of the objection . Baker vs. Curtiss , 7 How . , 478. If , however , the complaint had been served before such notice , and had been either retained or returned by the defendant's attorney , without giving notice ...
... considered as a waiver of the objection . Baker vs. Curtiss , 7 How . , 478. If , however , the complaint had been served before such notice , and had been either retained or returned by the defendant's attorney , without giving notice ...
Page 16
... considered , and the decisions in point cited under the head of Parties , book II . , section 39 . So also will proceedings by a defendant standing in the position of a mere stakeholder to get rid of his responsibility , and be ...
... considered , and the decisions in point cited under the head of Parties , book II . , section 39 . So also will proceedings by a defendant standing in the position of a mere stakeholder to get rid of his responsibility , and be ...
Page 32
... considered advi- sable , the present will be the appropriate time for its being made . The subject , in its general bearings , will be considered in connection with the plea of such tender , when made , in the subsequent chapter on ...
... considered advi- sable , the present will be the appropriate time for its being made . The subject , in its general bearings , will be considered in connection with the plea of such tender , when made , in the subsequent chapter on ...
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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...