The Code of Procedure of the State of New York: As Amended by the Legislature, by an Act Passed July 10, 1851
C. Van Benthuysen, Printer to the Legislature, 1851 - 207페이지
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abolished affidavit allowed amended amount answer appeal apply appointed arrest attachment attorney bail brought cause cause of action CHAPTER circuit courts civil actions claim clerk commenced common pleas complaint copy corporation costs county court court of common damages deemed defendant Definition deliver delivery deposit determination direct dollars effect entered entitled examined execution existing fact filed give given granted held holding injunction interest issue judge judgment July jurisdiction jury justice manner ment motion necessary New-York notice oyer and terminer party person personal property plaintiff pleading possession prescribed proceed proceedings prosecuted publication real property recover recovery reference relating remedies rendered repealed require residence respectively Security served sheriff special terms specified statute suits summons superior court supreme court sureties taken therein thereof tion trial tried twenty undertaking unless verdict writing York
9 페이지 - 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.
27 페이지 - 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...
13 페이지 - 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 then order them to be brought in.
41 페이지 - ... 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...
27 페이지 - In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall be bound to establish on the trial that it was so published or spoken.
9 페이지 - Where it has been usually cultivated or improved ; 2. Where it has been protected by a substantial inclosure ; 3.
17 페이지 - ... 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...
59 페이지 - Trial by jury may be waived by the several parties to an issue of fact in actions arising on contract, or for the recovery of specific real or personal property, with or without damages, and with the assent of the court in other actions, in manner following: 1. By failing to appear at the trial; 2. By written consent, in person or by attorney, filed with the clerk; 3. By oral consent, in open court, entered in the minutes.
14 페이지 - ... A defendant, against whom an action is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon...
30 페이지 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise or excusable neglect...