The Code of Procedure of the State of New York: With Notes, an Appendix, and IndexJohn S. Voorhies, 1855 - 798 pages |
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Page 26
... matter resting in his discretion , will not be reviewed on appeal . Carpenter v . Haynes , 1 Code Rep . N. S. , 414 . f . The finding of a referee on the questions , whether the plaintiff had performed his contract , and whether ...
... matter resting in his discretion , will not be reviewed on appeal . Carpenter v . Haynes , 1 Code Rep . N. S. , 414 . f . The finding of a referee on the questions , whether the plaintiff had performed his contract , and whether ...
Page 42
... matter shall be vested in the su- preme court in which such proceedings shall be had therein , according to the practice of such court , as might have been had in such county court , if such cause or matter had remained therein . " 1 ...
... matter shall be vested in the su- preme court in which such proceedings shall be had therein , according to the practice of such court , as might have been had in such county court , if such cause or matter had remained therein . " 1 ...
Page 49
... matter . SEC . 18. [ 23. ] Nor shall any such commissioner grant any order to stay proceedings on any execution against the body of a defendant , unless such defend- ant shall have executed to the plaintiff , and delivered to such ...
... matter . SEC . 18. [ 23. ] Nor shall any such commissioner grant any order to stay proceedings on any execution against the body of a defendant , unless such defend- ant shall have executed to the plaintiff , and delivered to such ...
Page 59
... matters of account must be open and unliquidated , ( 2 Cow . , 413 ) ; thus , if the plaintiff should prove a claim ... matter showing that such title will come in question . Such answer shall be in writing , signed by the defendant or ...
... matters of account must be open and unliquidated , ( 2 Cow . , 413 ) ; thus , if the plaintiff should prove a claim ... matter showing that such title will come in question . Such answer shall be in writing , signed by the defendant or ...
Page 60
... matter in dispute is the fact of posses- sion . Hence , where the thing in controversy between the parties is the mere pos- session , or priority of possession , it is a matter which a justice may try . ( Griffith's . Treatise , 18 , 19 ...
... matter in dispute is the fact of posses- sion . Hence , where the thing in controversy between the parties is the mere pos- session , or priority of possession , it is a matter which a justice may try . ( Griffith's . Treatise , 18 , 19 ...
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Common terms and phrases
9 Pr adverse party affidavit alleged allowed amendment amount answer application appointed assignment attorney bail Barb bill calendar cause of action circuit claim clerk Code Rep commenced common pleas complaint contract copy costs county court court of appeals court of chancery creditor damages decision defendant defendant's demand demurrer denied Duer effect entered entitled evidence examination execution Existing suits facts filed granted ground held injunction issue judgment debtor jurisdiction jury justice matter ment ne exeat necessary note to section notice objection obtained oyer and terminer payment pending place of trial plaintiff pleading possession prescribed proceedings promissory note provisional remedy provisions question real property recover referee reference remittitur rendered residence revised statutes rule Sand Selden served sheriff Smith special term subdivision sufficient summons superior court supreme court sureties thereof tion unless verdict verified Wend witness words York
Popular passages
Page 116 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 280 - 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 one hundred dollars.
Page 297 - He must, without delay, serve on the defendant a copy of the affidavit, notice, and undertaking, by delivering the same to him personally, if he can be found, or to his agent from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion, or, if neither have any known place of abode, by putting them in the nearest post-office, directed to the defendant.
Page 221 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
Page 339 - And where the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury; or if, to determine the amount of damages, the examination of a long account be involved, by a reference as above provided; 3.
Page 361 - In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Page 304 - ... that the defendant is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted, to restrain such act.
Page 240 - In an action for libel or slander, it is not necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it is sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff must establish, on the trial, that it was so published or spoken.
Page 99 - 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 398 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.