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actions at law affidavit allowed amendment answer appear apply averment Barb bill cause of action Chancery chap Chit cited claim Code common counts common law complaint confess and avoid constitute contract controverted counterclaim court of equity damages decision declaration defect defendant defendant's demand demurrer deny Digest distinct edition entitled Equity rule evidence facts fendant forms of pleading frivolous ground guardian held infant insufficient interest irrelevant John joinder joined judgment jurisdiction Justice material allegation matter ment misjoinder mode mortgage motion necessary New-York notice objection Paige payment place of trial plaint plaintiff plea Practice and Pleadings principles proceedings promissory note proper parties proved real property redundant reference relief reply Reports respect rules of pleading Sand separate set-off special term statement statute Steph sufficient suit Supreme Court thereof tion traverse United variance verdict verified vols Wend words
Page 384 - provides that when the question is one of a common or general interest of many persons, or when the parties are very numerous, and it may be impracticable to bring them all before the court, one or more may sue or defend for the benefit of the whole.
Page 201 - 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 295 - judgment might be had in the action, and arising out of the following causes of action : "1. 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. 1
Page 454 - none of the parties shall reside in the state, the same may be tried in any county which the plaintiff shall designate in his complaint; subject, however, to the power of the court to change the place of trial in the cases provided by statute.'. The
Page 87 - The court may determine any controversy between the 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 may
Page 94 - that where the question is one of a common or general interest of many persons, or where the parties are very numerous, and it may be impracticable to bring them all before the court, one or more may sue or defend for the benefit of the whole*. The
Page 225 - complaint, may allow the action to be continued by or against his representative, or successor in interest. In case of any other transfer of interest, the action shall be continued in the name of the original party ; or the court may allow the person to whom the transfer is made to be substituted in the action. 1 This
Page 38 - 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 of private wrongs, which shall be denominated a Civil Action.