First[-Fourth] Report of the Commissioners on Practice and Pleadings ...C. Van Benthuysen, public printer, 1848 - Civil procedure |
From inside the book
Results 1-5 of 100
Page 7
... respects , simple and desirable , ) of real bene- fit to the people . To sustain the correctness of these observations , we need only refer to the legislation in respect to the jurisdiction of the supreme court . It is provided by the ...
... respects , simple and desirable , ) of real bene- fit to the people . To sustain the correctness of these observations , we need only refer to the legislation in respect to the jurisdiction of the supreme court . It is provided by the ...
Page 9
... respect as rather secondary to the present purpose , we have not felt at liberty to overlook other defects in the existing judiciary system , which have occurred to us in the course of our investigations , and upon which we present ...
... respect as rather secondary to the present purpose , we have not felt at liberty to overlook other defects in the existing judiciary system , which have occurred to us in the course of our investigations , and upon which we present ...
Page 12
... respect , is a transcript of the statute defining the jurisdiction of the court for the cor- rection of errors . By that act , it is invested with full power to correct and redress all errors that have happened , or may happen , in the ...
... respect , is a transcript of the statute defining the jurisdiction of the court for the cor- rection of errors . By that act , it is invested with full power to correct and redress all errors that have happened , or may happen , in the ...
Page 15
... respect to the provision authorizing the court of errors " to correct and redress all errors that have happened , or may happen in the court of chancery . " The organization of the court of chancery being essentially different from that ...
... respect to the provision authorizing the court of errors " to correct and redress all errors that have happened , or may happen in the court of chancery . " The organization of the court of chancery being essentially different from that ...
Page 16
... respect , depended upon the probable effect of the order upon the merits of the ( M ' Vickar v . Wolcott , 4 Johns . 510 ; Buel v . Street , 9 Johns . , 443 ; Beach v . The Fulton Bank , 2 Wend . 225 ; Wil- liamson v . Hyer , 4 Wend ...
... respect , depended upon the probable effect of the order upon the merits of the ( M ' Vickar v . Wolcott , 4 Johns . 510 ; Buel v . Street , 9 Johns . , 443 ; Beach v . The Fulton Bank , 2 Wend . 225 ; Wil- liamson v . Hyer , 4 Wend ...
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Common terms and phrases
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
Popular passages
Page 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.
Page 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.
Page 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.
Page 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.
Page 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...
Page 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.
Page 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.
Page 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...
Page 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.