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 47
... Undertaking . 57. Suit discontinued . 58. If undertaking not given . 59 . The same . 60. New action . 61. Costs . 62. Answer of title to one , cause of action . 63. Docketing judgments . 64. Rules . § 52. [ 45. ] ( Amended 1849 ...
... Undertaking . 57. Suit discontinued . 58. If undertaking not given . 59 . The same . 60. New action . 61. Costs . 62. Answer of title to one , cause of action . 63. Docketing judgments . 64. Rules . § 52. [ 45. ] ( Amended 1849 ...
Page 52
... undertaking the action shall be discontinued . A discretion is vested in the justice to decide whether the matter of defence set forth in the answer does in fact show that title will come in question , and that if he is of opinion that ...
... undertaking the action shall be discontinued . A discretion is vested in the justice to decide whether the matter of defence set forth in the answer does in fact show that title will come in question , and that if he is of opinion that ...
Page 53
... Undertaking to be given.— At the time of answering , the defendant shall deliver to the justice a written undertaking , executed by at least one suffi- cient surety , and approved by the justice , to the effect , that if the plaintiff ...
... Undertaking to be given.— At the time of answering , the defendant shall deliver to the justice a written undertaking , executed by at least one suffi- cient surety , and approved by the justice , to the effect , that if the plaintiff ...
Page 54
... undertaking should be under seal ; but it is thought that it should state a consideration on its face for the making thereof , that it should state the place of residence of the surety , and be acknowledged by him . The surety must ...
... undertaking should be under seal ; but it is thought that it should state a consideration on its face for the making thereof , that it should state the place of residence of the surety , and be acknowledged by him . The surety must ...
Page 55
... undertaking not given . — If the undertaking be not delivered to the justice , he shall have jurisdiction of the cause , and shall proceed therein ; and the defendant shall be precluded , in his defence , from drawing the title in ...
... undertaking not given . — If the undertaking be not delivered to the justice , he shall have jurisdiction of the cause , and shall proceed therein ; and the defendant shall be precluded , in his defence , from drawing the title in ...
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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.