 Except in a case where it is otherwise specially prescribed by law, a special proceeding in a surrogate's court must be commenced by the service of a citation, issued upon the presentation of a petition.  Miscellaneous Reports. Cases Decided in the Courts of Record of the State of ... - Page 606by New York (State). Courts, Francis Blaine Delehanty, Austin B. Griffin, Edward Jordan Dimock, Robert George Scherer, Joseph Albert Lawson, William Van Rensselaer Erving, Louis J. Rezzemini, Charles Cook Lester - 1913Full view - About this book
 | New York (State) - Law - 1880 - 832 pages
...brought in the supreme court; but a return to such a writ must be made under the hand of the defendant, except in a case where it is otherwise specially prescribed by law, or where the court or judge, for good cause shown by affidavit, otherwise directs. Where the attorneygeneral... | |
 | New York (State) - Justices of the peace - 1881 - 946 pages
...adding the words, " commit or discharge," in the last line. See, also, Part III, page 382.] § 16. Except in a case where it is otherwise specially prescribed by law, a person shall not be arrested or imprisoned for disobedience to a judgment or order, requiring the payment... | |
 | New York (State) - 1881 - 1532 pages
...upon the same estate, the time so specified must be reckoned from the issuing of the first letters, except in a case where it is otherwise specially prescribed by law ; or where the first or any subsequent letters are revoked, as prescribed in section 2684 of this net,... | |
 | New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...otherwise sp cially prescribed by t special proceeding in a surrogate's court must be commenced by the :e of a citation, issued upon the presentation of a petition. But upon iresentatiou of the petition, the court acquires jurisdiction to do any I'hich may be done before actual... | |
 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1886 - 690 pages
...or annulled, or an attachment is discharged npon the application of the defendant, the sheriff must, except in a case where it is otherwise specially prescribed by law, deliver over to the defendant or to the person entitled thereto, upon reasonable demand and upon payment... | |
 | Civil procedure - 1886 - 520 pages
...vacated or annulled, or an attachment discharged upon the application of the defendant, the sheriff must, except in a case where it is otherwise specially prescribed by law, deliver over to the defendant or to the person entitled thereto, upon reasonable demand and upon payment... | |
 | James Newton Fiero - Civil procedure - 1887 - 772 pages
...misconduct as such, or a witness is ordered to pay costs on an attachment for nonattendance. § 16. Except in a case where it is otherwise specially prescribed by law, a person shall not be arrested or imprisoned for disobedience to a judgment or order, requiring the payment... | |
 | Civil procedure - 1887 - 814 pages
...annulled, or an attachment is discharged, upon the application of the defendant, the sheriff must, except in a case where it is otherwise specially prescribed by law, deliver over to the defendant, or to the person entitled thereto, upon reasonable demand, and upon... | |
 | Law reports, digests, etc - 1890 - 1098 pages
...the adverse parties within GO days from presentation of the petition. Code Civil Proc. NY § 2516, provides that, "except in a case where it is otherwise...citation issued upon the presentation of a petition." Section 2517 declares: "The presentation of a petition is deemed the commencement of a special proceeding,... | |
 | Law reports, digests, etc - 1903 - 1338 pages
...I am of the opinion that this order should be reversed. Section 474 of the Code of Civil Procedure provides that. "Except In a case where it Is otherwise specially prescribed by law, a guanliiin appointed for an infant, as prescribed in this article, shall not be permitted to receive... | |
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