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adverse party Adverse possession affidavit allowed Am'd amended amount answer application appointed attachment attorney bail brought calendar cause of action certificate CHAPTER circuit civil action claim clerk commenced common pleas complaint copy corporation costs county court county judge county treasurer court of appeals court of common damages deemed defendant delivered demurrer deposit direct district docketed dollars effect entered entitled examination execution Existing filed granted guardian infant injunction issue of fact issue of law judgment debtor judgment-roll jurisdiction jury justice letters patent manner ment mortgage note of issue oyer and terminer papers payment personal property plaintiff pleading premises prescribed proceedings proof prosecuted provisional remedy quo warranto real property recovery referee reference rendered require reside Rule section three hundred served sheriff special term specified statute summons superior court supreme court sureties therein thereof thereupon tion tried twenty days undertaking unless verdict York
Strana 71 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Strana 58 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Strana 88 - ... for the prosecution of the action, for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may from any cause be recovered against the plaintiff...
Strana 79 - 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.
Strana 71 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Strana 116 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Strana 61 - Court may change the place of trial in the following cases : 1. When the County designated for that purpose in the complaint is not the proper County ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Strana 49 - Within the age of twenty-one years; or, 2. Insane ; or, 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life ; or, 4.
Strana 47 - ... founding such claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree, or judgment, or of some part of such premises, under such claim, for five years, the premises so included shall be deemed to have been held adversely...