The New York Justice's Manual, Containing All the Laws of the State Relating to the Official Tenure and Duties of a Justice of the Peace and the Proceedings in Civil Cases Before Him, in Force on the First of Sept., 1880: With Explanatory Notes and an Appendix of FormsJ.D. Parsons, 1880 - 625 pages |
From inside the book
Results 1-5 of 81
Page 11
... defendant to appear before the justice , at a place specified therein , to answer the complaint of the plaintiff in a civil action . Where the summons is accompanied with an order to arrest the defendant , it must be made returnable ...
... defendant to appear before the justice , at a place specified therein , to answer the complaint of the plaintiff in a civil action . Where the summons is accompanied with an order to arrest the defendant , it must be made returnable ...
Page 12
... defendant's last place of abode have been omitted , and the last exception has been added . Service by copy had generally become an idle ceremony , since the repeal of the provision of the R. S. , allow- ing a warrant to be issued upon ...
... defendant's last place of abode have been omitted , and the last exception has been added . Service by copy had generally become an idle ceremony , since the repeal of the provision of the R. S. , allow- ing a warrant to be issued upon ...
Page 13
... defendant , residing in the county ; unless , at least thirty days before it was issued , the defendant had filed , in the office of the clerk of the county , a written instru- ment , designating a person residing in the county , upon ...
... defendant , residing in the county ; unless , at least thirty days before it was issued , the defendant had filed , in the office of the clerk of the county , a written instru- ment , designating a person residing in the county , upon ...
Page 14
... defendant , that defendant may be designated in the summons , and in any other process or proceeding in the action , by a fictitious name , or by so much of his name as is known , adding a description , identifying the person intended ...
... defendant , that defendant may be designated in the summons , and in any other process or proceeding in the action , by a fictitious name , or by so much of his name as is known , adding a description , identifying the person intended ...
Page 16
... defendant . infant defendant , no other proceeding shall be taken in the action , until a person has been appointed to appear as his guardian for the purpose of the action . Upon the nomination of the defendant , the justice must ...
... defendant . infant defendant , no other proceeding shall be taken in the action , until a person has been appointed to appear as his guardian for the purpose of the action . Upon the nomination of the defendant , the justice must ...
Contents
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Common terms and phrases
action brought action or special action to recover adjournment adverse party affidavit allowed amended by inserting amended by substituting animals seized appellate court application attorney awarded Barb cause of action certified chapter civil action claim Code of Procedure commenced constable costs counterclaim county clerk courts of record damages defendant delivered demand discharge docket docket-book dollars effect entitled execution fees filed former statute issued joinder of issue judge judgment debtor jurisdiction juror jury justice justice's court JUSTICE'S MANUAL last clause last section ment oath officer omitting order of arrest owner peace penalty person plaintiff precept prescribed by law prescribed in section Proc proceed provisions real property recover a chattel relating replevied resident served sheriff special proceeding specified subd subdivision subpoena summons superior city sureties taken therein thereto thereupon tion TITLE town transcript trial undertaking venire verdict warrant of attachment witness words
Popular passages
Page 226 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Page 196 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 203 - Upon the trial of an action, or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through or under whom such a party or Interested person derives his interest or title, by assignment or otherwise, shall not be examined as a witness, in his own behalf or interest, or in behalf of the party succeeding to his title or interest...
Page 189 - A cause of action, arising out of the contract or transaction, set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 355 - The electors of the several towns shall, at their annual town meetings, or at such other time and in such manner as the Legislature may direct, elect justices of the peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term.
Page 193 - ... being duly sworn, deposes and says that he is the petitioner in the above-entitled proceeding ; that he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Page 39 - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Page 173 - If, when the cause of action accrues against a person, he is without the state, the action may be commenced, within the time limited therefor, after his return into the state. If, after a cause of action has accrued against a person, he departs from the state and remains continuously absent therefrom for the space of one year or more...
Page 485 - Inspector as provided herein, shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than twenty dollars nor more than fifty dollars for...
Page 355 - Justices of the Peace and judges or. justices of inferior courts not of record, and their clerks, may be removed for cause, after due notice and an opportunity of being heard by such courts as are or may be prescribed by law.