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The Code of Procedure of Pleadings and Practice of the State of New York, 1862

The Code of Procedure of Pleadings and Practice of the State of New York, 1862


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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. 1862 Excerpt: ...is dismissed for not bringing the cause to trial, the defendant may enter up judgment for his costs. (Cvsson agt. Whalon, 6 How. 802.) Where the plaintiff notices the cause for trial at the circuit, and by agreement of the counsel on both sides, it is Bet down for a future day in the circuit; and before that day arrives the jury are discharged and the circuit adjourns sine die, it is a vainer by the defendant of a motion for a dismissal of the eomplaint and for judgment, for not bringing on the trial by plaintiff previous to the cause being set down. (Fuller agt. Sweet, 9 How. 74.) A defendant may move for judgment as in a case of non-suit (now dismissal of complaint, ) notwithstanding that he has stayed the plaintiff's proceedings until security for costs be filed. (Champlin agt. Petrie, 4 Wend. 208; tee Bishop agt. Morgan, 1 Code R. N. S. 340.) An action cannot be regularly brought to trial, until it is in such a situation that & final judgment can be rendered between all the partite. It cannot be tried in sections, without leave of the court. Nor, where an action is at issue, as against all of several defendants, can any one of them give notice of trial, and upon the failure of the plaintiff to appear, take a judgment against him by default. The cause must not only be in readiness for trial as between all the parties to the action, but it must also have been noticed for trial by all the defendants who have a right to appear on the trial and move for judgment against the plaintiff. Where the cause has not been noticed for trial by the plaintiff, and but one of several defendants who has appeared and answered has noticed it, no effectual trial can be had. Of course the plaintiff cannot be forced to trial in such a case. If there be several defendants wh...


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Product Details
  • ISBN-13: 9781155134550
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 604
  • Spine Width: 31 mm
  • Width: 189 mm
  • ISBN-10: 1155134559
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1061 gr


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