Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Volume 13

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S. S. Peloubet, 1888 - Civil procedure
 

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Page 275 - No. street in said city, as sureties, are held and firmly bound unto the People of the State of New York...
Page 174 - ... and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 219 - Upon such an application, the defendant must give an undertaking, with at least two sufficient sureties, to the effect that he will, on demand, pay to the plaintiff the amount of any judgment which may be recovered in the action against him, not exceeding a sum specified in the undertaking, with interest.
Page 68 - Where the misconduct proved consists of an omission to perform an act or duty, which it is yet in the power of the offender to perform, he shall be imprisoned only until he has performed it, and paid the fine imposed.
Page 398 - Ag-reementii between partie* or attorney» to be in writing. No private agreement or consent between the parties or their attorneys, in respect to the proceedings in a cause, shall be binding, unless the same »hall have been reduced to the form of an order by consent, and entered, or unless the evidence thereof shall be in writing, subscribed by the party against whom the same shall be alleged, or by his attorney or counsel.
Page 173 - An action is commenced against a defendant, within the meaning of any provision of this act, which limits the time for commencing an action, when the summons is served on him : or, on a co-defendant who is a joint contractor, or otherwise united in interest with hini.
Page 348 - Where security for costs is required to be given, the court in which the action is pending, or, except in a case specified in the last section, a judge thereof, upon due proof, by affidavit, of the facts, must make...
Page 387 - A strict and literal interpretation is not always to be adhered to, and where the case is brought within the intention of the makers of the statute, it is within the statute, although, by a technical interpretation, it is not within its letter. It is the spirit and purpose of a statute which are to be regarded in its interpretation; and, if these find fair expression in the statute, it should be so construed as to carry out the legislative intent, even although such construction is contrary to the...
Page 358 - The court may, in any case, direct a bill of the particulars of the claim of either party to be delivered to the adverse party.
Page 386 - ... undivided interest therein, claiming it in fee or for life or for a term of years, not less than ten...

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