The Practice at Law: In Equity, and in Special Proceedings, in All the Courts of Record in the State of New York; with Appropriate Forms, Svazek 1

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W. Gould, 1872
 

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Jurisdiction of actions
40
Time of commencing actions
48
Part I Chap VI Actions time of commencing Continued PAGE at common law
49
Where plaintiff is under a disability
50
Where defendant is absent from the State Section 9 Where action abates by death of party
51
Where action has been stayed Section 11 In actions based on fraud
52
In suits by aliens Section 13 Actions against officers of corporations Article II Actions for the recovery of real property Section 1 When the people w...
53
When action cannot be brought by grantee of State Section 3 Actions against grantee of void grant Section 4 Seisin within twenty years when necessa...
54
Actions other than those for the recovery of real property Section 1 Action upon a judgment or decree Section 2 Action upon a sealed instrument Sec...
55
Action upon liability created by statute
56
Actions for trespass upon real property Section 6 Actions of trover and replevin
57
Actions for injury to the person or rights of another other than contract rights Section 8 Actions for relief on ground of fraud Section 9 Actions for a...
58
What actions must be brought within three years a Actions other than for an escape against sheriff coroner or constable
59
Actions brought upon a statute for a penalty by the party aggrieved Section 12 What actions must be brought within two years a Actions for libel sla...
60
What actions must be brought within one year Section 14 What actions must be commenced within ten years a Equitable actions generally
61
Of remedies without action
67
Campbell
74
Part I Chap VII Remedies without action Continued PAGE
79
Parties to actions
88
Ackley y Tarbox
97
Part I Chap IX Parties to actions Continued
99
405
104
585
106
Sage 622 627 Arnold v Suffolk Bank
107
442
115
Mesper
116
Part II Chap IX Parties to actions Continued PAGE
119
Who may be joined as defendants
128
Watkins
132
Part I Chap IX Parties to actions Continued PAGE
134
443
153
Allen
155
Part 1 Chap IX Parties to actions Continued PAGE
158
445
163
When the court may make the order on its
164
204
166
Gilby
174
Order under the Code
176
American Flask and Cap Co v Son Avery v Slack 482 562 653
181
113
182
Nonresidents
185
Part I Chap XI Leave to bring or defend actions PAGE
191
359
193
Part I Chap XI Leave to bring or defend actions Continued
198
Actions by and against infants guardians
204
Submitting controversies without action
216
Of courts and their officers Chap IOf courts generallyConťd PAGE
222
Officers of courts
231
Of the United States supreme court
257
Part II Chap III Of the United States Supreme Court Continued PAGE
258
Of the removal of causes to the United States circuit court
266
Harper
268
Of the court of appeals
279
Part II Chapter VII Of the Court of Appeals Continued PAGE
280
Rules and calendars
286
Broddrick
292
Part II Chap VIII Of the Supreme Court Continued PAGE
297
266
307
Part II Chap VIII Of the Supreme Court Continued PAGE
311
Part II Chap XI Superior Court of Buffalo Continued PAGE
352
Establishment
357
189
358
Part II Chap XII Mayors and Recorders Courts Continued PAGE
365
City court of Brooklyn
371
County courts
381
Part II Chap XIV County Courts Continued PAGE
395
Surrogates courts
404
Part II Chap XVSurrogates Courts Continued PAGE
409
Practice at law prior to 1846
419
Practice Chap II General nature of Continued PAGE
423
Practice in equity prior to 1846
432
Old practice how far retained
441
Part III Chap V Present practice Continued PAGE
455
The Commencement of actions
467
Misnomer of parties
473
Commencement of actions Chap I Summons Continued PAGE
478
364
479
Part IV Chap IV Proceedings by defendant etc Continued
482
Service of the summons
507
Part IV Chap II Service of summons Continued PAGE
509
Fees for service
516
Heriot
517
Requisites of the summons
523
Unknown parties
529
408
536
Part IV Chap II Service of summons Continued PAGE
541
When jurisdiction is complete
549
207
552
Proceedings by defendant after the service of the summons
556
391
569
Provisional remedies
587
Provisional remedies Chap I Arrest and bail Continued PAGE
599
593
610
Manufacturers Bank 273 Baglehole Ex parte
617
Part V Chap I Arrest and bail Continued PAGE
633
190
635
211
639
Security by plaintiff
646
Arrest how made
653
365
666
Notice of surrender 72
672
392
676
Bail how proceeded against 78
678
Depo it in lieu of bail 91
691
Part V Chap I Arrest and bail Continued PAGE
696
393
699
p Order of arrest to justify arrest on execution
706
Replevin in what cases a proper remedy
712
Sharp
715
526
722
Part V Chap II Replevin or claim and delivery Continued PAGE
723
Part V Chap XI Replevin or claim and delivery Continued PAGE
741
Arrest of defendant
747
394
761
172
764
617
790
597
806

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Strana 62 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.
Strana 39 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Strana 158 - ... that the same is true of his own knowledge except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Strana 49 - If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive...
Strana 180 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Strana 126 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Strana 92 - That every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person...
Strana 643 - Before issuing the writ. the clerk must require a written undertaking on the part of the plaintiff, in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Strana 648 - ... to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Strana 513 - Where the subject of the action is real or personal property in this State, and the defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly or partly in excluding the defendant from any interest or lien therein ; 5.

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