Reports of Practice Cases, Determined in the Courts of the State of New York: With a Digest of All Points of Practice Embraced in the Standard New York Reports ..., Volume 3J.S. Voorhies, 1857 - Civil procedure |
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Accessory Transit Company action was brought affidavit alimony alleged allowed amendment amount answer appeal application assignment assignor attorney averment bail Barb bill cause of action certiorari claim clerk Code commenced common council common law complaint contract costs counsel counter-claim Court of Chancery court of equity creditors damages debtor decision decree defendant defendant's demurrer denied District dollars E. D. Smith's C. P. R. entitled equity Erie Railroad evidence execution executor facts filed granted ground held indictment injunction issue judge judgment judgment debtor jurisdiction jurors jury liability lien mandamus ment motion notice objection owners Oyer and Terminer party payment person place of trial plaintiff pleadings presumption proceedings proper provisions question real estate recover reference rendered rule sheriff special term Stats stay of proceedings suit Supreme Court Supreme Ct sustained taken tion Townsend trust verdict Wend York & Erie York Common Pleas
Popular passages
Page 387 - A judgment is the final determination of the rights of the parties in the action or proceeding, and may be entered in term or vacation.
Page 140 - After the lapse of five years from the entry of judgment, an execution can be issued only by leave of the court, upon motion...
Page 407 - 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 22 - For the recovery of real property, or of an estate or Interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; "2.
Page 150 - An issue of fact, in an action for the recovery of money only, or of specific, real or personal property, or for a divorce from the marriage contract on the ground of adultery, must be tried by a jury, unless a jury trial be waived as provided in section 2.'uJ.
Page 119 - 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; 2.
Page 41 - It is certainly not only a possible but a probable case, that a witness, by disclosing a single fact, may complete the testimony against himself...
Page 137 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page 3 - ... general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Page 127 - The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever.