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 10
... entitled to claim an answer , or to take judgment . In case the plaintiff complies with the demand , and serves the copy , the defendant's time to answer runs from the date of that service , with- out regard to the original service of ...
... entitled to claim an answer , or to take judgment . In case the plaintiff complies with the demand , and serves the copy , the defendant's time to answer runs from the date of that service , with- out regard to the original service of ...
Page 12
... entitled to move for a dismissal of the action on proof of such demand made , and of non - compliance with- in the prescribed period . Service within that period , is , under the present measure , absolutely obligatory ; the word " must ...
... entitled to move for a dismissal of the action on proof of such demand made , and of non - compliance with- in the prescribed period . Service within that period , is , under the present measure , absolutely obligatory ; the word " must ...
Page 17
... entitled to retain or to be paid his costs , and should make application to that effect at the time of the motion , and see that proper provision is made on the subject in the order . See Willetts vs. Waite , 13 How . , 34 ; Miller vs ...
... entitled to retain or to be paid his costs , and should make application to that effect at the time of the motion , and see that proper provision is made on the subject in the order . See Willetts vs. Waite , 13 How . , 34 ; Miller vs ...
Page 24
... entitled to such security under them . The affidavit necessary for such purpose is short and simple ; all that is ... entitled as at special term . The application is , under section 3 , to be made to the court ; a judge thereof is only ...
... entitled to such security under them . The affidavit necessary for such purpose is short and simple ; all that is ... entitled as at special term . The application is , under section 3 , to be made to the court ; a judge thereof is only ...
Page 35
... than fifty dollars , in view of the defendant being entitled to his costs , in such case , under section 304 , see Johnson vs. Sagar , 10 How . , 552 . If accepted by the plaintiff , the course to be DEFENDANT'S COURSE OF ACTION.- 35 164 .
... than fifty dollars , in view of the defendant being entitled to his costs , in such case , under section 304 , see Johnson vs. Sagar , 10 How . , 552 . If accepted by the plaintiff , the course to be DEFENDANT'S COURSE OF ACTION.- 35 164 .
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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...