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accordingly adverse party adverse possession affidavit aforesaid allegation allowed amount answer application arrest attorney averment cause of action chapter circumstances cited claim clerk Code commenced complaint Comst considered copy costs course court of appeals decision default defendant defendant's demurrer duly effect entered entitled entry of judgment equitable execution facts filed former given granted ground held injunction interest issue joinder of issue judgment debtor jurisdiction jury justice laid matter ment mortgage nature necessary obtained old practice Oyer and Terminer payment person plaintiff pleading prescribed proceedings promissory note proper provisional remedy provisions purpose question real property referee reference relief remedy remittitur replevin respect Revised Statutes rule Sandf served sheriff special term stay of proceedings subdivision subsequent sufficient suit sum of dollars summons superior court supreme court sureties taken thereof tion trial tribunals unless witness
Page 192 - 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...
Page 164 - 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.
Page 733 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 503 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 207 - 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 both, where they all arise out of 1. The same transaction, or transactions connected with the same subject of action ; 2.
Page 414 - 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.
Page 67 - ... notice to such person and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount of the debt, or delivering the property or its value to such person as the Court may direct ; and the court may, in its discretion, make the order.
Page 67 - And when, in an action for the recovery of real or personal property, a person not a party to the action, but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be brought in by the proper amendment.
Page 810 - That he is the petitioner herein; that he has read the foregoing petition and knows the contents thereof, and' that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Page 340 - 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.