First[-Fourth] Report of the Commissioners on Practice and Pleadings ...C. Van Benthuysen, public printer, 1848 |
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Sida xviii
... entering judgment ,. 191-196 SECTION 230. Judgment for or against any plaintiff or defendant , .. 231. What relief ... entered in judgment book ,. ...... 196 236. Judgment roll , what to contain , 196 196 237. Judgment to be docketed ...
... entering judgment ,. 191-196 SECTION 230. Judgment for or against any plaintiff or defendant , .. 231. What relief ... entered in judgment book ,. ...... 196 236. Judgment roll , what to contain , 196 196 237. Judgment to be docketed ...
Sida xx
... entered before appeal , .. CHAPTER V. Appeal to the superior court of the city of New - York , or to a county court , from an inferior court , 221 222 222 222 223-231 SECTION 301. Existing laws for review of judgments repealed , and ...
... entered before appeal , .. CHAPTER V. Appeal to the superior court of the city of New - York , or to a county court , from an inferior court , 221 222 222 222 223-231 SECTION 301. Existing laws for review of judgments repealed , and ...
Sida 176
... ENTERING JUDGMENT . We have included trial and judgment in the same title , be- cause they are so connected in some cases that it is difficult to separate them . Thus , in the case of trial by the court , the judgment of the court is ...
... ENTERING JUDGMENT . We have included trial and judgment in the same title , be- cause they are so connected in some cases that it is difficult to separate them . Thus , in the case of trial by the court , the judgment of the court is ...
Sida 188
... entered upon the minutes . 217. Where a special finding of facts shall be incon- sistent with the general verdict , the former shall con- trol the latter , and the court shall give judgment accord- ingly . 218. When a verdict shall be ...
... entered upon the minutes . 217. Where a special finding of facts shall be incon- sistent with the general verdict , the former shall con- trol the latter , and the court shall give judgment accord- ingly . 218. When a verdict shall be ...
Sida 189
... entered in the mi- nutes . This section is intended to provide the means , by which the parties may avail themselves of the constitutional permis- sion , that " a jury trial may be waived by the parties in all civil cases , in the ...
... entered in the mi- nutes . This section is intended to provide the means , by which the parties may avail themselves of the constitutional permis- sion , that " a jury trial may be waived by the parties in all civil cases , in the ...
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adverse party affidavit Albany allegation Amend answer application arrest attorney bail cause of action chancery CHAPTER city and county city of New-York civil actions clerk commenced Commissioners common law common pleas complaint constitution copy costs county courts county judge county of New-York court of appeals court of chancery court of common court of sessions courts of equity courts of oyer criminal deemed defendant dollars duty examination execution existing filed forms of action grand jury indictment judgment debtor judicial jurisdiction jurors justice legislature manner ment mode necessary notice offence officer oyer and terminer plaintiff pleading practice prescribed present proceedings proposed prosecution provisional remedies provisions question read as follows real property recovery reference remedy rendered respect Revised Statutes rule served sheriff special terms suit summons superior court supreme court therein thereof tion trial by jury witness writ
Populära avsnitt
Sida 194 - 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.
Sida 187 - The verdict of a jury is either general or special. A general verdict Is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant: a special verdict is that by which the jury find the facts only, leaving the judgment to the court.
Sida 127 - No action shall abate by the death, marriage, or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Sida 160 - 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.
Sida 127 - 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...
Sida 194 - Judgment may be given, for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.
Sida 128 - 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.
Sida 112 - If a person entitled to bring an action mentioned in the Exceptions, last chapter, except for a penalty or forfeiture, or against a Sheriff or other officer, for an escape, be at the time the cause of action accrued, either, 1. Within the age of twenty-one years ; or, 2. Insane; or, 3. Imprisoned on a criminal charge; or, in execution under the sentence of a- criminal Court, for a term less than his natural life; the time of such disability is not a part of the time limited for the commencement of...
Sida 127 - 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.