Practice and Pleading Under the Codes, Original and Amended: With Appendix of Forms |
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Page 47
... remedy is a special proceeding . § 4. Actions are of two kinds : 1. Civil ; 2. Criminal . § 5. A criminal action is prosecuted by the people of the state , as a party , against a person charged with a public offence , for the pun ...
... remedy is a special proceeding . § 4. Actions are of two kinds : 1. Civil ; 2. Criminal . § 5. A criminal action is prosecuted by the people of the state , as a party , against a person charged with a public offence , for the pun ...
Page 49
... remedies , are entirely abolished , and , with that abolition , the multiplicity of nice and subtle distinctions between the different forms of actions which formed so distinguishing a feature of the old practice , together with the ...
... remedies , are entirely abolished , and , with that abolition , the multiplicity of nice and subtle distinctions between the different forms of actions which formed so distinguishing a feature of the old practice , together with the ...
Page 61
... remedies against the person . Actions in respect of wrong , jointly committed by several parties , may be brought ... remedy . In these , " actio personalis moritur cum persona . " Where , however , the action really arises out of con ...
... remedies against the person . Actions in respect of wrong , jointly committed by several parties , may be brought ... remedy . In these , " actio personalis moritur cum persona . " Where , however , the action really arises out of con ...
Page 66
... remedy is entirely inapplicable to cases where the party seeking it retains any claim or interest whatever in the subject matter of the controversy , or is in reality directly liable , as in the case of an advertised reward claimed by ...
... remedy is entirely inapplicable to cases where the party seeking it retains any claim or interest whatever in the subject matter of the controversy , or is in reality directly liable , as in the case of an advertised reward claimed by ...
Page 92
... remedy , before the summons has been actually served . ( See Moore v . Thayer , 6 How . 47 ; 3 C. R. 176. ) In one case , and one only , the issuing of summons will not only be unnecessary , but unadviseable , and that is with refer ...
... remedy , before the summons has been actually served . ( See Moore v . Thayer , 6 How . 47 ; 3 C. R. 176. ) In one case , and one only , the issuing of summons will not only be unnecessary , but unadviseable , and that is with refer ...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ... Henry Whittaker No preview available - 2017 |
Common terms and phrases
9 Barb accordingly adverse party adverse possession affidavit allegation allowed amendment amount answer application arrest attorney averment cause of action chapter circumstances cited claim clerk Code commenced complaint Comst considered copy costs course court of appeals decision default defendant defendant's demurrer duly effect entered entitled entry of judgment equitable evidence execution facts filed former given granted ground held injunction issue joinder of issue judgment debtor jurisdiction jury justice laid matter ment nature necessary obtained old practice ordinary Oyer and Terminer payment person plaintiff pleading prescribed principle proceedings promissory note proper provisional remedy provisions purpose question real property referee reference refused relation relief remedy remittitur replevin respect Revised Statutes rule Sandf served sheriff special term stay of proceedings subdivision subsequent sufficient suit summons supreme court sureties taken thereof tion trial unless witness