The Code of Procedure of the State of New York: As Amended to 1871, with Notes on Practice, Pleadings and Evidence; Rules of the Courts, Fully Annotated; a Complete Table of Cases, and a Full Index
W. Gould & Sons, 1871 - 975 sider
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15 Barb 21 Barb Aff'g S. C. affidavit alleged Am'd amend answer appointed assignment aver Bank Bosw brought Brown cause of action claim Clark Code R. N. S. commenced common pleas Comst contract corporation counterclaim court of appeals debtor defendant demand demurrer Denio Duer E. D. Smith ex rel executor fendant filed held Hilt indorsement Insurance Co issue judge judgment jurisdiction jury justice Law and Pract Matter Mayor ment motion N. Y. 2 Kern N. Y. 6 Smith N. Y. Leg oyer and terminer party person place of trial plaint plaintiff pleading proceedings Railroad real property recover Rev'g S. C. S. C. 1 Code S. C. Aff'd Sandf Seld served service of process special term statute of limitations sub nom subd sufficient suit superior court supra supreme court thereof Tiff tion Wait's Law Wend York Central Railroad
Side 325 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading 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...
Side 378 - ... to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Side 123 - 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 264 - 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 467 - In an action for the recovery of money only, or specific real property, the jury in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Side 139 - 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 177 - When publication is ordered, personal service of a copy of the summons and complaint out of the state...
Side 141 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Side 153 - The court may change the place of trial in the following cases : 1. When the county designated for that purpose in the complaint is not the proper county ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.