The Code of Procedure of the State of New York: As Amended April 16, 1852, with Copious Notes and References and an Appendix Containing the Recent Ruls of the Court of Appeals, Supreme Court, Etc |
From inside the book
Results 1-5 of 70
Page 18
... legal and equitable relief . See section 69 of this code and note thereto . A creditor's suit is undoubtedly an action within this definition 18 [ SS 1 , 2 . DEFINITIONS AND DIVISIONS . GENERAL DEFINITIONS AND DIVISIONS,
... legal and equitable relief . See section 69 of this code and note thereto . A creditor's suit is undoubtedly an action within this definition 18 [ SS 1 , 2 . DEFINITIONS AND DIVISIONS . GENERAL DEFINITIONS AND DIVISIONS,
Page 19
... creditor's suit is undoubtedly an action within this definition . Quick v . Keeler , 2 Sandf . S. C. R. , 231. But in Dunham v . Nicholson , ib . , 636 , this dictum was qual- ified ; and it is there said , " Though it ( a creditor's ...
... creditor's suit is undoubtedly an action within this definition . Quick v . Keeler , 2 Sandf . S. C. R. , 231. But in Dunham v . Nicholson , ib . , 636 , this dictum was qual- ified ; and it is there said , " Though it ( a creditor's ...
Page 50
... creditor . Every judgment confessed without a compliance with these provisions will be void as against all persons , except a purchaser in good faith of any goods or chattels , lands or tenements , under such judgment , and except the ...
... creditor . Every judgment confessed without a compliance with these provisions will be void as against all persons , except a purchaser in good faith of any goods or chattels , lands or tenements , under such judgment , and except the ...
Page 51
... creditor . If there is more than one plaintiff or defendant , the affidavit should , in strict- ness , be made by all of them . Actions cognizable before a justice may be brought against all town and county officers , ( 2 R. S. , 325 ...
... creditor . If there is more than one plaintiff or defendant , the affidavit should , in strict- ness , be made by all of them . Actions cognizable before a justice may be brought against all town and county officers , ( 2 R. S. , 325 ...
Page 57
... creditor to maintain a suit upon it . Young v . Remer , 4 Barb . S. C. R. , 442. The provisions of the Revised Statutes ( 2 R. S. , 202 , s 3 ) , making a judgment a lien ten years from the time of docketing , applies only to judgments ...
... creditor to maintain a suit upon it . Young v . Remer , 4 Barb . S. C. R. , 442. The provisions of the Revised Statutes ( 2 R. S. , 202 , s 3 ) , making a judgment a lien ten years from the time of docketing , applies only to judgments ...
Other editions - View all
Common terms and phrases
adverse party affidavit alleged allowed amendment of 1851 amount answer apply appointed assignment attachment attorney bail Barb brought calendar cause of action chancery circuit court claim clerk Code Rep commenced common law common pleas complaint copy costs county court court of appeals court of chancery court of common creditor damages decision defendant defendant's demurrer denied effect entitled equity examination execution Existing suits filed granted held injunction judgment debtor jurisdiction jury justice justice's matter ment motion necessary note to section notice obtained oyer and terminer Paige payment pending person place of trial plaintiff pleading practice prescribed proceedings provisional remedy provisions question real property recover referee reference rendered residence revised statutes Sand served sheriff special term specified subdivision sufficient summons superior court supreme court supreme court rules sureties thereof tion undertaking unless verdict Wend witness words
Popular passages
Page 193 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...
Page 92 - 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 162 - ... 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 ; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Page 83 - 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 63 - 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.
Page 94 - 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.
Page 194 - The court shall, in every stage of an action, disregard any error, or defect in the pleadings or proceedings, which shall not affect the substantial rights of the adverse party ; and no judgment shall be reversed or affected by reason of such error or defect.
Page 119 - State, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed; 4.
Page 287 - 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 207 - ... county judge, at a specified time and place ; the time to be not less than five nor more than ten days thereafter.