Supplement to the Second and Third Editions of Voorhies' Annotated Code: Containing All the Decisions and Rules of Court Since the Publication of the Second Edition of Said Code, the Assignments of Terms, Circuits, Etc., for the Years 1854 and 1855 |
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Page 39
... interest the right of action also in those cases where , before the code , a court [ of equity ] would recognize and protect the rights of the assignee . No new right of action is created ; no authority is given to assign a right of ...
... interest the right of action also in those cases where , before the code , a court [ of equity ] would recognize and protect the rights of the assignee . No new right of action is created ; no authority is given to assign a right of ...
Page 40
... indorsee of a note , and proves his title as such , is to be deemed the real party in interest under section 111 of the code . Ib . These points were assented to by all the justices of 40 [ S 111 . PARTIES TO ACTIONS . APPENDIX,
... indorsee of a note , and proves his title as such , is to be deemed the real party in interest under section 111 of the code . Ib . These points were assented to by all the justices of 40 [ S 111 . PARTIES TO ACTIONS . APPENDIX,
Page 43
... interest , and cannot , under the provisions of section 111 , prosecute this action . It remains to be considered whether the plaintiff is within the exception allowed by section 113. He is not an executor or administrator , or person ...
... interest , and cannot , under the provisions of section 111 , prosecute this action . It remains to be considered whether the plaintiff is within the exception allowed by section 113. He is not an executor or administrator , or person ...
Page 46
... interest therein , is not a necessary party . Van Buren v . Cockburn , 14 Barb . S. C. R. , 118 . The next friend of a married woman should be a man of substance ; and if he is insolvent , the proceedings may be stayed a reasonable time ...
... interest therein , is not a necessary party . Van Buren v . Cockburn , 14 Barb . S. C. R. , 118 . The next friend of a married woman should be a man of substance ; and if he is insolvent , the proceedings may be stayed a reasonable time ...
Page 48
... interest in the relief sought , may unite in the same complaint . Conro . v . Port Henry Iron Co. , 12 Barb . S. C. R. , 28 . In an action for partition of lands , creditors holding liens simply as creditors need not be made parties ...
... interest in the relief sought , may unite in the same complaint . Conro . v . Port Henry Iron Co. , 12 Barb . S. C. R. , 28 . In an action for partition of lands , creditors holding liens simply as creditors need not be made parties ...
Other editions - View all
Supplement to the Second and Third Editions of Voorhies' Annotated Code ... New York (State) No preview available - 2019 |
Supplement to the Second and Third Editions of Voorhies' Annotated Code ... New York,John Townshend No preview available - 2016 |
Common terms and phrases
14 Barb affidavit allegation amended answer application arrest attorney authority averment Barculo calendar cause of action chose in action circuit claim clerk Code Rep commenced common pleas complaint confession confession of judgment contract copy costs counter-claim court of appeals court of chancery creditors debtor decision defendant defendant's demurrer denial denied dismiss entitled evidence execution facts favor fendant filed frivolous given granted held injunction intended issue judgment judgment debtor jurisdiction jury justice lawful holder legislature liable marine court matter ment misjoinder ne exeat necessary nonsuit notice of trial objection obtained party payment of money person plaintiff pleading possession practice promissory note provision question recover referee reference rendered rule Sand Selden served sheriff special term statute stay of proceedings stay proceedings subdivision sufficient suit summons superior court supplemental note supreme court thereof tion unless verdict verified Wend witness words
Popular passages
Page 66 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 58 - When publication is ordered, personal service of a copy of the summons and complaint out of the state...
Page 119 - Claims against a trustee by virtue of a contract, or by operation of law; 5.
Page 257 - 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 96 - ... as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Page 172 - 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 214 - Procedure, can only be made to the court before which the trial is had, or the judgment rendered, and s?ia!J in all cases be made before final costs are adjusted.
Page 248 - ... to allow judgment to be taken against him, for the sum or property, or to the effect therein specified, with costs.
Page 93 - When the answer contains new matter constituting a counterclaim, the plaintiff may, within twenty days, reply to such new matter (denying, generally or specifically, each allegation controverted by him, or any knowledge or information thereof, sufficient to form a belief; and he may allege, in ordinary and concise language, without repetition, any new matter, not inconsistent with the complaint, constituting a defence to such new matter in the answer...
Page 120 - Injuries with or without force, to person and property, or either ; or 4. Injuries to character ; or 5. Claims to recover real property, with or without damages for the withholding thereof, and the rents and profits of the same ; or 6.