The Code of Procedure of the State of New York: As Amended by the Legislature, by an Act Passed July 10, 1851, with Notes of Decisions and References to Th Rules and Form of Practice, with a Copious IndexGould, Banks, 1851 - 204 pages |
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Page 29
... Code Rep . 17. But see Cornell & Wilbur vs. Smith , 2 Sand . 290 , as to assistant justices ' courts in New- York . b The plaintiff may amend his complaint on an adjourned day , even in a point touching the jurisdiction of the court ...
... Code Rep . 17. But see Cornell & Wilbur vs. Smith , 2 Sand . 290 , as to assistant justices ' courts in New- York . b The plaintiff may amend his complaint on an adjourned day , even in a point touching the jurisdiction of the court ...
Page 30
... code which regulates actions on judgments . And an action may be brought on a judgment recovered before the code of procedure took effect , within two years after its rendition . McGuire vs. Gallagher , 2 Sand . 402 ; S. C. 1 Code Rep ...
... code which regulates actions on judgments . And an action may be brought on a judgment recovered before the code of procedure took effect , within two years after its rendition . McGuire vs. Gallagher , 2 Sand . 402 ; S. C. 1 Code Rep ...
Page 32
... Code Rep . 49 . § 70. [ Sec . 63. ] In such action , the party complaining an action , shall be known as the plaintiff , and the adverse party as the defendant . nated . Actions in judgments §71 . [ Sec . 64. ] No action shall be ...
... Code Rep . 49 . § 70. [ Sec . 63. ] In such action , the party complaining an action , shall be known as the plaintiff , and the adverse party as the defendant . nated . Actions in judgments §71 . [ Sec . 64. ] No action shall be ...
Page 42
... Code Rep . 139 . § 100. [ Sec . 80. ] If , when the cause of action shall accrue fendant is against any person , he shall be out of the state , such action may be commenced within the times herein respectively limited after Amended the ...
... Code Rep . 139 . § 100. [ Sec . 80. ] If , when the cause of action shall accrue fendant is against any person , he shall be out of the state , such action may be commenced within the times herein respectively limited after Amended the ...
Page 44
... Code Rep . 45 . Not real party to the action how plead . Bentley vs. Jones and Allen , 4 How . 202 ; Russell vs. Clapp , 3 Code Rep . 64 . The objection that plaintiff is not the real party , may be taken by de- murrer in certain cases ...
... Code Rep . 45 . Not real party to the action how plead . Bentley vs. Jones and Allen , 4 How . 202 ; Russell vs. Clapp , 3 Code Rep . 64 . The objection that plaintiff is not the real party , may be taken by de- murrer in certain cases ...
Other editions - View all
The Code of Procedure of the State of New York: As Amended by the ... H. S. McCall No preview available - 2017 |
The Code of Procedure of the State of New York: As Amended by the ... New York,Henry Strong McCall No preview available - 2016 |
The Code of Procedure of the State of New-York; As Amended by the ... H. S. McCall No preview available - 2017 |
Common terms and phrases
abolished adverse party affidavit allegation allowed Amended amount answer apply appointed attachment attorney bail Barb brought cause of action ceedings CHAPTER city of New-York civil actions claim clerk Code Rep commenced common pleas complaint copy corporation costs county court county judge court of common court or judge damages decree deemed defendant deliver delivery demurrer deposit docketed dollars effect entered entitled examined execution fees fendant filed granted hundred injunction issue of fact issue of law judgment debtor judgment roll jurisdiction jury justice letters patent liable manner ment motion notice oyer and terminer Passed personal property plaintiff pleading prescribed proceed proceedings prosecuted provisional remedy quo warranto real property recover referees rendered resident Revised Statutes Sand scire facias served sheriff special term specified summons superior court supreme court Supreme Court Rule sureties therein thereof tion tried twenty days undertaking unless verdict writ
Popular passages
Page 75 - ... 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 attachment, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 40 - An action against a Sheriff, Coroner or Constable, upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution. But this Section shall not apply to an action for an escape. 2. An action upon a statute, for a penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the State, except where the statute imposing it prescribes...
Page 60 - ... The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; 2.
Page 70 - 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 49 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2.
Page 66 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Page 71 - ... 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 90 - 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 83 - ... if they, or others in their place, fail to justify, at the time and place appointed, he shall deliver the property to the plaintiff.
Page 42 - Within the age of twenty-one years ; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or, in execution under the sentence of a criminal court, for a term less than his natural life ; The time of such disability is not a part of the time limited, for the commencement of the action...