Practice and Pleading Under the Codes, Original and Amended: With Appendix of Forms |
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Page ix
... Served For Relief 66 where Complaint not Served 754 755 756 Id . Where service by Publication Id . Against Joint Debtor Id . Against Heirs & c . , of deceased debtor 757 Id . Affidavit in two last Cases III . NOTICE OF OBJECT OF ACTION ...
... Served For Relief 66 where Complaint not Served 754 755 756 Id . Where service by Publication Id . Against Joint Debtor Id . Against Heirs & c . , of deceased debtor 757 Id . Affidavit in two last Cases III . NOTICE OF OBJECT OF ACTION ...
Page 32
... served with the summons within those cities respectively , or where one or more of several defendants , jointly lia- ble on contract , reside or are personally served with the summons , within those cities respectively , except in the ...
... served with the summons within those cities respectively , or where one or more of several defendants , jointly lia- ble on contract , reside or are personally served with the summons , within those cities respectively , except in the ...
Page 35
... served within the limits , according to the terms of the sec- tion . This rule is , however , relaxed , as regards the case of parties jointly indebted , by the recent amendment , service on any one of whom , or residence within the ...
... served within the limits , according to the terms of the sec- tion . This rule is , however , relaxed , as regards the case of parties jointly indebted , by the recent amendment , service on any one of whom , or residence within the ...
Page 43
... served within the limits of the authority of the court , the presumption will lie that it was duly served . If a warrant be issued , the reverse is the case , and the facts warranting its issue must all be strictly proved . - Barnes v ...
... served within the limits of the authority of the court , the presumption will lie that it was duly served . If a warrant be issued , the reverse is the case , and the facts warranting its issue must all be strictly proved . - Barnes v ...
Page 84
... served on him , or on a co - defendant , who is a joint con- tractor , or otherwise united in interest , with him . An attempt to commence an action , is deemed equivalent to the commencement thereof , within the meaning of this title ...
... served on him , or on a co - defendant , who is a joint con- tractor , or otherwise united in interest , with him . An attempt to commence an action , is deemed equivalent to the commencement thereof , within the meaning of this title ...
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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.