Reports of Cases of Practice Decided by the Supreme Court and Court of Appeals: Since the Organization of the Judiciary Under the Amended Constitution of 1846 ... Except the First Fifty Pages, which are Cases Decided by the Old Supreme Court, Volume 3
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action affidavit alleged allowed amend amount answer appeal application assignment attorney authority bill bond brought cause cause of action circuit claim clerk commenced Common Pleas complaint constitution contained copy costs counsel county judge Court of Appeals creditor debtor decided decision decree default Defendant Defendant's denied direct duties effect entered entitled equity evidence exceptions execution facts filed former further give given granted ground hearing held interest issue judge judgment July justice leave matter ment motion moved necessary notice objection obtained opinion party payment person Plaintiff pleading possession practice present proceedings proper provisions question reason received record reference relation residence respect rule served sheriff special term statute stay subsequent sufficient suit Supreme Court taken tion trial witness writ of error
Page 394 - ... 6. That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended; 7.
Page 115 - That the defendant has property or rights in action, which he fraudulently conceals, or that he has rights in action, or some interest in any public or corporate stock, money or evidences of debt, which he unjustly refuses to apply to the payment of any judgment or decree which shall have been rendered against him, belonging to the complainant; or 3.
Page 307 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, 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 material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved.
Page 378 - 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 281 - The party in whose favor judgment is given may, at any time within five years after the entry thereof, have a writ of execution issued for its enforcement.
Page 394 - All the forms of pleading heretofore existing, are abolished ; and hereafter, the forms of pleading in civil actions, and the rules by which the sufficiency of the pleadings is to be determined, are those prescribed in this code.
Page 346 - If any person, whose real or personal estate is liable to taxation, shall, at any time before the assessors shall have completed their assessments, make affidavit that the value of his real estate does not exceed a certain sum, to be specified in such affidavit ; or that the value of the personal estate owned by him, after deducting his just debts, and his property invested in the stock of...
Page 363 - ... all costs and damages, which may be awarded against him on the appeal, not exceeding five hundred dollars.
Page 169 - Any male citizen of the age of twenty-one years, of good moral character, and who possesses the requisite qualifications of learning and ability, shall be entitled to admission to practise in all the co-urts of this State.