The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each Section, the Supplementary Act, and an Appendix Containing the Rules of All the Courts, with an Index to the WholeJ.S. Voorhies, 1851 - 394 頁 |
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第 1 到 5 筆結果,共 96 筆
第 34 頁
... claims a general jurisdiction in equity , as well in trans- ferred suits as in actions originally commenced therein , but whether they can lawfully exercise jurisdiction in either case admits at least of a doubt . The code evidently ...
... claims a general jurisdiction in equity , as well in trans- ferred suits as in actions originally commenced therein , but whether they can lawfully exercise jurisdiction in either case admits at least of a doubt . The code evidently ...
第 40 頁
... claim dam- ages only to one hundred , the justice has jurisdiction . So the plaintiff may sue on a demand exceeding one hundred dollars , and reduce it to the justice's jurisdiction by voluntary credits or deductions - Tuttle v . Maston ...
... claim dam- ages only to one hundred , the justice has jurisdiction . So the plaintiff may sue on a demand exceeding one hundred dollars , and reduce it to the justice's jurisdiction by voluntary credits or deductions - Tuttle v . Maston ...
第 41 頁
... claim , and thus avoid the necessity of making the affidavit required by statute . Cornell v . Cook , 7 Cow . 310 , 2 R. S. 342 . The confession must be for a specified sum . A judgment entered for such a sum as A. B. should award is ...
... claim , and thus avoid the necessity of making the affidavit required by statute . Cornell v . Cook , 7 Cow . 310 , 2 R. S. 342 . The confession must be for a specified sum . A judgment entered for such a sum as A. B. should award is ...
第 42 頁
... claim of $ 300 , and the defendant payment on account , of $ 250 , the justice must give judgment for the balance . Ib . But if instead the defend- dant had proved a set - off to the amount of $ 250 , the justice must have dismissed the ...
... claim of $ 300 , and the defendant payment on account , of $ 250 , the justice must give judgment for the balance . Ib . But if instead the defend- dant had proved a set - off to the amount of $ 250 , the justice must have dismissed the ...
第 56 頁
... claim- ed in such actions . A proceeding like that before us would never have been thought of under the system of remedies in force prior to the code . Equity abhors forfeitures , and always relieves against them when possible to do so ...
... claim- ed in such actions . A proceeding like that before us would never have been thought of under the system of remedies in force prior to the code . Equity abhors forfeitures , and always relieves against them when possible to do so ...
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常見字詞
adverse party affidavit alleged allowed amendment answer application appointed arrest attorney bail Barb brought cause of action change the place city and county city of New-York civil actions claim clerk Code Rep commenced common law common pleas copy corporation costs county court county judge county of New-York court of appeals court of chancery court of common damages deemed defendant defendant's demand demurrer denied entitled equity execution facts filed granted guardian held infant injunction interpleader judgment debtor jurisdiction jury justice justice's court matter ment mortgage motion note to section notice obtained oyer and terminer Paige person place of trial plaintiff pleading prescribed proceedings proper county prosecuted provisional remedy provisions real property recover referee reference remittitur residence revised statutes Sand served sheriff special term specified sufficient suit superior court supreme court sureties therein thereof tion trial named undertaking unless verdict Wend witnesses
熱門章節
第 62 頁 - 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.
第 82 頁 - 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.
第 136 頁 - When a corporation is a party, the verification may be made by any officer thereof...
第 73 頁 - 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.
第 142 頁 - 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...
第 65 頁 - An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shall have accrued.
第 164 頁 - ... 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...
第 142 頁 - 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.
第 229 頁 - 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.
第 80 頁 - 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.