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 34
Page 7
... included therein , as its subject is not embraced in the opening phrase of the section . It is provided for in § 2864 , post . Subd . 9 of the Code of Procedure is omitted ; as it is fully covered by subd . 2 of this section , the acts ...
... included therein , as its subject is not embraced in the opening phrase of the section . It is provided for in § 2864 , post . Subd . 9 of the Code of Procedure is omitted ; as it is fully covered by subd . 2 of this section , the acts ...
Page 45
... included within it did not come within the language of the next preceding section ; but now a counterclaim includes a recoupment as well as a set - off , so that this section retains the first clause of the subdivision ; but the second ...
... included within it did not come within the language of the next preceding section ; but now a counterclaim includes a recoupment as well as a set - off , so that this section retains the first clause of the subdivision ; but the second ...
Page 76
... included in § 3026 , ante . The provisions of § 143 of the R. S. have been extended by subsequent statutes to other kinds of penalties ; and it seems proper that they should em- brace all actions for penalties , as the judgment is ...
... included in § 3026 , ante . The provisions of § 143 of the R. S. have been extended by subsequent statutes to other kinds of penalties ; and it seems proper that they should em- brace all actions for penalties , as the judgment is ...
Page 80
... included in disbursements . 3061. Judgment - roll . § 3044. The only mode of reviewing a judgment , rendered by a reviewed justice of the peace in a civil action , is by an appeal , as prescribed by appeal . Who may appeal . To what ...
... included in disbursements . 3061. Judgment - roll . § 3044. The only mode of reviewing a judgment , rendered by a reviewed justice of the peace in a civil action , is by an appeal , as prescribed by appeal . Who may appeal . To what ...
Page 81
... included in the judg ment , and the sum of two dollars , as the fee of the justice for making the return . [ Co. Proc . , part of § 354 , first sentence , and § 359 , amended by sub- stituting " appointed pursuant to law , " for " if ...
... included in the judg ment , and the sum of two dollars , as the fee of the justice for making the return . [ Co. Proc . , part of § 354 , first sentence , and § 359 , amended by sub- stituting " appointed pursuant to law , " for " if ...
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.