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action administrator affidavit allowed amended amount appeal application appointed arrest attachment attorney authorized awarded Board's proposed bond brought cause certified change of substance chattel Civil claim clerk Code committee complaint copy costs covered creditor damages debtor decree defendant delivered deposition direct discharge effect entitled evidence examination execution executor fact fees filed final judgment given granted guardian hundred identical Included by Board infant interest issued judge judgment jury justice letters manner matter ment motion notice omitted otherwise paid party payment person petition plaintiff pleading practice prescribed proceeds proof provisions real property reason receiver record recover reference relating rendered resident rule sentence served sheriff special proceeding specified statute summons supreme court sureties surrogate surrogate's taken term therein thereof tion trial undertaking unless warrant witness writ
Página 183 - 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.
Página 964 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition.
Página 923 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Página 461 - ... 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, not exceeding the sum specified in the undertaking...
Página 151 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Página 970 - The affidavit of verification must be to the effect that the pleading is true to the knowledge of the deponent except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Página 326 - After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.
Página 156 - All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...