Practice and Pleading Under the Codes, Original and Amended: With Appendix of Forms |
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Page 47
... remedy is a special proceeding . § 4. Actions are of two kinds : 1. Civil ; 2. Criminal . § 5. A criminal action is prosecuted by the people of the state , as a party , against a person charged with a public offence , for the pun ...
... remedy is a special proceeding . § 4. Actions are of two kinds : 1. Civil ; 2. Criminal . § 5. A criminal action is prosecuted by the people of the state , as a party , against a person charged with a public offence , for the pun ...
Page 49
... remedies , are entirely abolished , and , with that abolition , the multiplicity of nice and subtle distinctions between the different forms of actions which formed so distinguishing a feature of the old practice , together with the ...
... remedies , are entirely abolished , and , with that abolition , the multiplicity of nice and subtle distinctions between the different forms of actions which formed so distinguishing a feature of the old practice , together with the ...
Page 61
... remedies against the person . Actions in respect of wrong , jointly committed by several parties , may be brought ... remedy . In these , " actio personalis moritur cum persona . " Where , however , the action really arises out of con ...
... remedies against the person . Actions in respect of wrong , jointly committed by several parties , may be brought ... remedy . In these , " actio personalis moritur cum persona . " Where , however , the action really arises out of con ...
Page 66
... remedy is entirely inapplicable to cases where the party seeking it retains any claim or interest whatever in the subject matter of the controversy , or is in reality directly liable , as in the case of an advertised reward claimed by ...
... remedy is entirely inapplicable to cases where the party seeking it retains any claim or interest whatever in the subject matter of the controversy , or is in reality directly liable , as in the case of an advertised reward claimed by ...
Page 67
... remedy of this kind exists before action brought ; and , of course , if the party prefer to institute a separate suit for the same purpose , it is competent for him to do so , though probably at the risk of costs , if such separate suit ...
... remedy of this kind exists before action brought ; and , of course , if the party prefer to institute a separate suit for the same purpose , it is competent for him to do so , though probably at the risk of costs , if such separate suit ...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ... Henry Whittaker No preview available - 2017 |
Common terms and phrases
9 Barb accordingly adverse party adverse possession affidavit allegation allowed amount answer application arrest attorney averment cause of action chapter circumstances cited claim clerk Code commenced complaint Comst considered copy costs course court of appeals decision default defendant defendant's demurrer duly effect entered entitled entry of judgment equitable evidence execution facts filed former given granted ground held injunction issue joinder of issue judgment debtor jurisdiction jury justice laid matter ment nature necessary obtained old practice Oyer and Terminer payment person plaintiff pleading prescribed principle proceedings promissory note proper provisional remedy provisions purpose question real property referee reference refused relation relief remedy remittitur replevin respect Revised Statutes rule Sandf served sheriff special term stay of proceedings subdivision subsequent sufficient suit summons supreme court sureties taken thereof tion trial unless verdict witness
Popular passages
Page 194 - 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 166 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and, there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page 735 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 505 - 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 209 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of 1. The same transaction, or transactions connected with the same subject of action ; 2.
Page 416 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 69 - ... notice to such person and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount of the debt, or delivering the property or its value to such person as the Court may direct ; and the court may, in its discretion, make the order.
Page 69 - And when, in an action for the recovery of real or personal property, a person not a party to the action, but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be brought in by the proper amendment.
Page 812 - That he is the petitioner herein; that he has read the foregoing petition and knows the contents thereof, and' that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Page 342 - The court may change the place of trial in the following cases : 1. When the county designated for that purpose in the complaint is not the proper county ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.