The Code of Procedure of the State of New York as Amended by the Legislature by an Act Passed April 25, 1867Diossy & Cockcroft, 1867 - 481 páginas |
Términos y frases comunes
adverse party affidavit allegation allowed amended amount answer appellate court apply appoint attachment attorney bail cause of action CHAPTER circuit courts city and county civil action clerk commenced common pleas complaint copy corporation county court county judge county of New-York court of appeals court of common court or judge courts of cities courts of oyer damages debt deemed defendant delivered delivery deposit direct discretion docketed effect enforced entitled execution fendant filed granted hereafter hundred dollars infant injunction issue of law judgment debtor judgment roll jurisdiction jury liability manner ment mortgage motion officer order of arrest oyer and terminer payment pending personal property plaintiff pleading prescribed prosecuted provided in sections provisional remedy quo warranto real property referee render judgment require reside section 179 served sheriff special term specified statute summons superior court supreme court sureties therein thereto thereupon tion title to real twenty days unless verdict written undertaking
Pasajes populares
Página 177 - A statement of any new matter constituting a defence or counter-claim, in ordinary and concise language, without repetition. tion, must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action : 1.
Página 189 - The coast 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...
Página 125 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial, as provided in this Code.
Página 91 - 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 or prevention of private wrongs, which shall be denominated a civil action.
Página 75 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Página 271 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Página 183 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or bolh, where they all arise out of 1. The same transaction, or transactions connected with the same subject of action ; . 2.
Página 123 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving then- rights, but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.
Página 189 - 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.
Página 121 - 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...