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acconnt affidavit alleged althongh amendment amonnt answer anthority application argnment attorney bill bronght canse of action city and connty city of New-York claim clerk Code Rep commenced common pleas complaint conld connsel connty conrt connty jndge conrse conrt of appeals conrt of common constitntion copy costs defanlt defendant demnr demnrrer entitled eqnity execntion filed fnrther fonnd gnardian granted gronnd held hnndred hnsband injnnction irregnlar issne of law jndgment debtor Jnly jnrisdiction jnry jnstice mnst motion natnre nnder the code nnder this section nndertaking nnless nntil note to section notice npon nsed oyer and terminer Paige person place of trial plaintiff pleading pnrpose proceedings prosecnted provisional remedy provisions qnestion real property referee reference refnsed reqnired retnrn revised statntes secnrity served sheriff shonld snbdivision snbject snbseqnent snbstitnted snfficient snit snmmons snperior conrt snpreme conrt rnles snreties special term thereof tion verdict Wend withont wonld
Page 62 - 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.
Page 82 - 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 136 - When a corporation is a party, the verification may be made by any officer thereof...
Page 73 - 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.
Page 142 - 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...
Page 65 - An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shall have accrued.
Page 164 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Page 142 - In pleading a judgment, or other determination of a court, or officer of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading shall be bound to establish, on the trial, the facts conferring jurisdiction.
Page 229 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.