The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ... : as Enacted and Amended in 1880 : Together with the Repealing Acts and Table of Corresponding SectionsJ.D. Parsons, Jr., 1881 - 1471 pages |
From inside the book
Results 1-5 of 83
Page 73
... issue of fact , joined in an action or special proceeding , pend- ing in any other court of record , except a superior city court , the marine court of the city of New - York , or a county court , be tried at a circuit court in another ...
... issue of fact , joined in an action or special proceeding , pend- ing in any other court of record , except a superior city court , the marine court of the city of New - York , or a county court , be tried at a circuit court in another ...
Page 277
... issue of law and an issue of fact , or two or more other questions of different natures , come before the same term of the court for trial or hearing , the preference given by this section affects only the order , in which the issues or ...
... issue of law and an issue of fact , or two or more other questions of different natures , come before the same term of the court for trial or hearing , the preference given by this section affects only the order , in which the issues or ...
Page 278
... issue , the date of the issue , as prescribed in that section . If he omits to do so , by reason whereof the cause retains its priority on the calendar , the court , on the application of the adverse party , or of its own motion , may ...
... issue , the date of the issue , as prescribed in that section . If he omits to do so , by reason whereof the cause retains its priority on the calendar , the court , on the application of the adverse party , or of its own motion , may ...
Page 288
... issues have been abolished . ( 1 ) In a case where neither party can , as of right , require a trial by jury of an issue of fact arising upon the plead- ings , or where a question of fact , not in issue upon the pleadings , is to be ...
... issues have been abolished . ( 1 ) In a case where neither party can , as of right , require a trial by jury of an issue of fact arising upon the plead- ings , or where a question of fact , not in issue upon the pleadings , is to be ...
Page 310
... issue , etc. 889. How and upon what terms granted . 890. Order made by judge . 891. Interrogatories : how settled . 892. Id .; to be annexed ; directions for return . 893. Commission to examine wholly or partly upon oral questions . 894 ...
... issue , etc. 889. How and upon what terms granted . 890. Order made by judge . 891. Interrogatories : how settled . 892. Id .; to be annexed ; directions for return . 893. Commission to examine wholly or partly upon oral questions . 894 ...
Contents
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Common terms and phrases
action brought action or special adverse party affidavit am'd Amended appeal application appointed arrest attend attorney bail Bank Barb Bosw cause of action certified chapter chattel clerk commenced commissioner complaint copy corporation county clerk county judge county treasurer court of record court or judge creditor damages defendant delivered deposition directed discharge docket Duer eighteen hundred entitled execution filed final judgment granted habeas corpus injunction issue of fact jail judgment debtor judgment-roll jury justice last section laws of eighteen liable ment N. Y. Supr notice officer otherwise paid into court Paige payment plaintiff pleading prescribed by law prisoner Proc proof provision real property recover referee rendered Sandf served sheriff Smith special proceeding specified summons superior city court supreme court sureties taken term therein thereof thereto thereupon tion trial jurors undertaking warrant of attachment Wend writ
Popular passages
Page 162 - The executor or administrator duly appointed in this state, or in any other state, territory or district of the United States, or in any foreign country, of a decedent, who has left him or her surviving a husband, wife, or next of kin, may maintain an action to recover damages for a wrongful act, neglect or default, by which the decedent's death was caused, against a natural person who, or a corporation which, would have been liable to an action in favor of the decedent by reason thereof if death...
Page 163 - ... a fair and just compensation for the pecuniary injuries, resulting, from the decedent's death, to the person or persons for whose benefit the action is brought.
Page 343 - There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award...
Page 163 - The damages recovered in an action, brought as prescribed in the last section, are exclusively for the benefit of the decedent's husband or wife and next of kin; and when they are collected they must be distributed by the plaintiff as if they were unbequeathed assets left in his hands, after payment of all debts and expenses of administration.
Page 266 - When .it is admitted by the pleading or examination of a party, that he has in his possession, or under his control, any money or other thing capable of delivery, which, being the subject of the...
Page 587 - But it must appear, upon the face of the complaint, that all the causes of action so united belong to one of the foregoing subdivisions of this section...
Page 314 - ... by warrant commit the offender to jail, there to remain until he submits to do the act which he was so required to do or is discharged according to law.
Page 203 - Where he has been committed, or is detained, by virtue of the final judgment or decree, of a competent tribunal of civil or criminal jurisdiction ; or the final order of such a tribunal, made in a special proceeding, instituted for any cause, except to punish him for a contempt ; or by virtue of an execution or other process, issued upon such a judgment, decree, or final order.
Page 163 - An executor, 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.
Page 112 - Where an action is brought, as prescribed in either of the last two articles, the court may, in its discretion, during the pendency thereof, from time to time, make and modify an order or orders, requiring the husband to pay any sum or sums of money, necessary to enable the wife to carry on or defend the action...