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Civil Procedure Reports (Volume 9); Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York

Civil Procedure Reports (Volume 9); Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886. Excerpt: ... McElroy v. Baer. lawful manner; and the fact that the complaint was amended without their consent cannot avoid them. The fact that the undertaking was several, and not joint and several, does not relieve the defendants. They have been sued severally, according to the terms of their undertaking. The judgment should be affirmed, with costs. Larremore, P. J., and Allen, J., concurred. McELROY, Respondent, V. BAER, And Another, Appellants. HOWE, Respondent. N. Y. Court Of Common Pleas, General Term, February, 1886-. 820. Interpleader--When common law remedy--Practice, when trdered in district court. Interpleader under the statute (Code of Civil Procedure, 820), is not in the nature of a suit in equity, but a remedy designed for use in common law courts, and is a measure of relief to/which suitors in a district court in the city of New York may resort. Where interpleader is ordered in n district court in the city of New York, there should be served upon the party brought in by the interpleader, a copy of a complaint and of the order directing the interpleader, which should require him to appear and answer the complaint in the same time that a defendant is required to answer a summons, and should provide that the money in court be paid to the plaintiff in case of the failure to appear and answer of the party who is interpleaded; if the party appears and answers, the issues raised may be tried by the court, unless a jury is demanded at the McElroy v. Baer. time of the joinder of issue, and upon the entry of judgment, the money must be paid to the prevailing party unless an undertaking sufficient to stay proceedings be given, and costs should be awarded against the losing party. Lawrence v. Wilson (8 Hun, 593), followed. (Vecided February 1, 1886.) ...


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Product Details
  • ISBN-13: 9781154077865
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 146
  • Spine Width: 8 mm
  • Width: 189 mm
  • ISBN-10: 1154077861
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 326 gr


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Civil Procedure Reports (Volume 9); Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York
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