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 61
Page iv
... the court , their respective allegations , the trial of disputed questions of fact and of law , the summoning of witnesses , and the manner of their exa- REPORT OF THE COMMISSIONERS ON PRACTICE AND PLEADINGS . mination.
... the court , their respective allegations , the trial of disputed questions of fact and of law , the summoning of witnesses , and the manner of their exa- REPORT OF THE COMMISSIONERS ON PRACTICE AND PLEADINGS . mination.
Page 18
... alleged error , in the finding of the jury , appeared upon the face of the record . If it forms a sufficient ground for reversing the judgment , it would have been equally available by a motion in arrest . If the party had moved in ...
... alleged error , in the finding of the jury , appeared upon the face of the record . If it forms a sufficient ground for reversing the judgment , it would have been equally available by a motion in arrest . If the party had moved in ...
Page 70
... allegations from beginning to end . They bore , to be sure , a certain conventional relation to a truth , which they ... alleged , and that their verdict must be for the plaintiff . This was a very fair specimen of the fictions which ...
... allegations from beginning to end . They bore , to be sure , a certain conventional relation to a truth , which they ... alleged , and that their verdict must be for the plaintiff . This was a very fair specimen of the fictions which ...
Page 71
... allegations in the declaration are false to every common . and ordinary intent . But they were said to be technically true ; because , by construction of law , the relation between the fiction in the pleadings , and the truth it ...
... allegations in the declaration are false to every common . and ordinary intent . But they were said to be technically true ; because , by construction of law , the relation between the fiction in the pleadings , and the truth it ...
Page 74
... proper and convenient form , before the tribunal by which they are to be adjudicated ; to present their conflicting allegations , plainly and intelligibly to each other and to the court ; to secure by adequate means a trial or 74.
... proper and convenient form , before the tribunal by which they are to be adjudicated ; to present their conflicting allegations , plainly and intelligibly to each other and to the court ; to secure by adequate means a trial or 74.
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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.