Code of Procedure of the State of New York: As Amended to 1862 ...

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G.S. Diossy, 1862 - 303 pages
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Page 53 - 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
Page 171 - by mail. In case of service by mail, the paper must be deposited in the post-office, addressed to the person on whom it is to be served, at his place of residence, and the postage paid. 412. [373.] (Am'd 1849, 1859.) Existing
Page 118 - exceptions. The report of the referees upon the whole issue shall stand as the decision of the court, and judgment may be entered thereon in the same manner as if the action had been tried by the court. When the reference is to report the facts, the report shall have the effect of a special verdict.
Page 131 - Costs against an infant plaintiff. 317. Costs in an action by or against an executor or administrator, trustee of an express trust, or a person expressly authorized by statute to sue. Security for costs. . 318. Costs on review of a decision of an inferior court in a special proceeding. 819.
Page 63 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the questions involved therein. 119.
Page 96 - it shall appear that the defendant is doing, or threatens, or is about to do, or procuring or suffering some act to be done in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary
Page 83 - 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 ; or by inserting other allegations
Page 49 - 5. Pleadings are not required to be in any particular form, but must be such as to enable a person of common understanding to know what is intended, 3
Page 61 - operation of this title, unless the same be contained in some writing signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest. TITLE III. Parties to Civil
Page 74 - upon the face thereof, either— 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties, for the same cause ; or 4. That there is a defect of parties, plaintiff or defendant ; or, 5. That several causes of action have been improperly united ; or, 6. That the complaint does not state facts

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