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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...
Member of the New York Bar
Visualização completa - 1851
affidavit alleged allowed amendment amount answer appeal application appointed arrest attachment attorney authority bill brought cause of action chapter claim clerk Code Rep commenced common complaint contained copy costs damages debtor decision defendant delivered demand demurrer denied direct effect entered entitled equity evidence examination execution existing facts filed follows give given granted ground held injunction interest issue judge judgment jurisdiction jury justice leave manner matter motion move necessary notice objection obtained party person place of trial plaintiff pleading pleas practice proceedings proper provisions question reason received recover reference refused relief rendered residence respect revised statutes rule Sand served sheriff special term specified stay sufficient suit summons supreme court taken term thereof tion trial tried undertaking unless verdict Wend witness
Página 62 - Within the age of twenty-one years ; or 2. Insane ; or 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life ; or 4.
Página 82 - 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.
Página 136 - When a corporation is a party, the verification may be made by any officer thereof...
Página 73 - 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.
Página 142 - 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...
Página 65 - An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shall have accrued.
Página 164 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Página 142 - In pleading a judgment, or other determination of a court, or officer of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading shall be bound to establish, on the trial, the facts conferring jurisdiction.
Página 225 - 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.