Other editions - View all
16 Barb 28 Barb 31 Barb 9 Abb affidavit alleged allowed Am'd amended amount answer apply appointed assignment attachment attorney averment bail Bosw cause of action claim clerk Code Rep commenced complaint contract copy corporation costs counter-claim court of appeals creditor damages debt defendant defendant's demand demurrer denied Denio deposit Duer E. D. Smith entered entitled evidence execution executor facts fendant filed granted held Hilton indorsed injunction irregular issue Johns judge judgment debtor jurisdiction jury justice Keyes liable Mayor of N. Y. ment mortgage motion notice nunc pro tunc order of arrest Paige party payment pending plaintiff pleading proceedings promissory note proof real property recover reference refused rule Sand security for costs served sheriff special term sufficient suit summons supreme court sureties thereof tion trial undertaking unless verdict waived Wend witness
Page 108 - 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 order them to be brought in.
Page 101 - 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...
Page 79 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Page 379 - 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...
Page 276 - When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.
Page 592 - The defendant may, at any time before the trial or verdict, serve upon the plaintiff, an offer in writing to allow judgment to be taken against him, for the sum or property, or to the effect therein specified, with costs.
Page 103 - 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.
Page 70 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
Page 15 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.