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
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Page 46
... rule in relation to the form of affidavit on which such extension must be applied for . This rule was again amended in 1858 , by the addition of the concluding sentence . It runs thus : Rule 22. ( 20. ) No order extending the time to ...
... rule in relation to the form of affidavit on which such extension must be applied for . This rule was again amended in 1858 , by the addition of the concluding sentence . It runs thus : Rule 22. ( 20. ) No order extending the time to ...
Page 59
... rule that a pleading is to be construed most unfavorably to the party making it , is essentially qualified . Every reasonable intendment and presumption will lie , on the contrary , in favor of the complaint . Herkimer County Bank vs ...
... rule that a pleading is to be construed most unfavorably to the party making it , is essentially qualified . Every reasonable intendment and presumption will lie , on the contrary , in favor of the complaint . Herkimer County Bank vs ...
Page 197
... rule , be also advisable , save only as to portions of the pleading which may be demurred to . Every affirmative allegation , tending to constitute a defence to the counter - claim set up , must be alleged , according to the usual rules ...
... rule , be also advisable , save only as to portions of the pleading which may be demurred to . Every affirmative allegation , tending to constitute a defence to the counter - claim set up , must be alleged , according to the usual rules ...
Page 220
... Rule 28 ( 21 ) of the Supreme Court provides thus : Issues of fact to be tried by the court , may be tried at the circuit or special term . This rule carries out the provision of section 255 , above cited . It was first made on the ...
... Rule 28 ( 21 ) of the Supreme Court provides thus : Issues of fact to be tried by the court , may be tried at the circuit or special term . This rule carries out the provision of section 255 , above cited . It was first made on the ...
Page 232
... rules of court on the subject of reference are as follows : Rule 32 ( 22 ) relates entirely to the proceedings before referees after their appointment . It will be noticed hereafter , under the head of Trial . Rule 33 ( 69 ) has been ...
... rules of court on the subject of reference are as follows : Rule 32 ( 22 ) relates entirely to the proceedings before referees after their appointment . It will be noticed hereafter , under the head of Trial . Rule 33 ( 69 ) has been ...
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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...