The Code of Procedure of the State of New York: As Amended April 16, 1852, with Copious Notes and References and an Appendix Containing the Recent Ruls of the Court of Appeals, Supreme Court, EtcJohn S. Voorhies, 1852 - 590 pages |
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Page 26
... ground that it was an action originally commenced in a justice's court . See Brown v . Brown , 6 Fra . R. , 320. ( This decision seems to overrule Hyland v . Loomis , 3 Pra . R. , 223. ) The court cannot review the decision of referees ...
... ground that it was an action originally commenced in a justice's court . See Brown v . Brown , 6 Fra . R. , 320. ( This decision seems to overrule Hyland v . Loomis , 3 Pra . R. , 223. ) The court cannot review the decision of referees ...
Page 29
... ground for saying the 14th section [ of the code of 1849 ] is unconstitutional . It does no more than restore the common law as it had been previously understood and acted on in this State . " By the former practice , upon an equal ...
... ground for saying the 14th section [ of the code of 1849 ] is unconstitutional . It does no more than restore the common law as it had been previously understood and acted on in this State . " By the former practice , upon an equal ...
Page 55
... ground of defence a mere difference in form between it and the answer before the justice will not invalidate it . See , per Hand , J. , in Wendell v . Mitchell , supra . The suit brought for the same cause in the county court is an ...
... ground of defence a mere difference in form between it and the answer before the justice will not invalidate it . See , per Hand , J. , in Wendell v . Mitchell , supra . The suit brought for the same cause in the county court is an ...
Page 62
... ground of reversal . The statute requiring justices to enter judgment in their dockets within four days , does not apply to the marine court . The judgment was pro- nounced within the period limited by the act ; and , although it may be ...
... ground of reversal . The statute requiring justices to enter judgment in their dockets within four days , does not apply to the marine court . The judgment was pro- nounced within the period limited by the act ; and , although it may be ...
Page 66
... ground for supposing that there was any design to abolish the distinction between the modes of relief known to the law as legal and equitable , or to substitute the one for the other in any case . Those modes of relief - the judgment or ...
... ground for supposing that there was any design to abolish the distinction between the modes of relief known to the law as legal and equitable , or to substitute the one for the other in any case . Those modes of relief - the judgment or ...
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Common terms and phrases
adverse party affidavit alleged allowed amendment of 1851 amount answer apply appointed assignment attachment attorney bail Barb brought calendar cause of action chancery circuit court claim clerk Code Rep commenced common law common pleas complaint copy costs county court court of appeals court of chancery court of common creditor damages decision defendant defendant's demurrer denied effect entitled equity examination execution Existing suits filed granted held injunction judgment debtor jurisdiction jury justice justice's matter ment motion necessary note to section notice obtained oyer and terminer Paige payment pending person place of trial plaintiff pleading practice prescribed proceedings provisional remedy provisions question real property recover referee reference rendered residence revised statutes Sand served sheriff special term specified subdivision sufficient summons superior court supreme court supreme court rules sureties thereof tion undertaking unless verdict Wend witness words
Popular passages
Page 193 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...
Page 92 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 162 - ... 1. 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 ; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Page 83 - 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 63 - 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 of private wrongs, which shall be denominated a civil action.
Page 94 - In case of any other transfer of interest, the action shall 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 194 - 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 119 - State, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed; 4.
Page 287 - 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 207 - ... county judge, at a specified time and place ; the time to be not less than five nor more than ten days thereafter.