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affidavit alleged allowed amend amount answer appeal apply appointed arrest assignment attachment attorney authority Bank Barb Bosw brought cause of action charge claim Code Rep commenced complaint contract copy corporation costs court court of appeals creditor damages debt debtor decision defendant delivered demand demurrer denied Duer E. D. Smith effect entered entitled evidence execution facts filed give given granted ground held Hilton interest issue Johns judge judgment jurisdiction jury justice leave matter ment motion necessary notice objection obtained officer paid party payment person plaintiff pleading possession proceedings proof question receiver recover reference refused rendered resident rule Sand served sheriff statute sufficient suit summons supreme court taken term thereof tion trial undertaking unless verdict Wend witness York
Side 255 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Side 105 - 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...
Side 90 - 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.
Side 317 - 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 ; or by inserting other allegations material to the case ; or.
Side 308 - Court, and in what respect he has been misled; and thereupon the Court may order the pleading to be amended, upon such terms as shall be just "Sec.
Side 361 - 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...
Side 14 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Side 280 - That he is the applicant in the foregoing application, that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Side 129 - County in which the property is situated a notice of the pendency of the action, containing the ' names of the parties, the object of the action, and...
Side 325 - The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint, answer or reply, alleging facts material to the case occurring after the former complaint, answer or reply, or of which the party was ignorant when his former pleading was made...