The Practice at Law, in Equity, and in Special Proceedings: In All the Courts of Record in the State of New York

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Contents

Jurisdiction of actions
40
Time of commencing actions
48
Part I Chap VI Actions time of commencing Continued PAGE Section 2 No limitations as to the time of commencing actions at common law
49
When the statute commences to run Section 8 Where defendant is absent from the State
50
Where action abates by death of party
51
Where action has been stayed
52
In suits by aliens
53
When action cannot be brought by grantee of State
54
Actions other than those for the recovery of real property
55
Action upon liability created by statute
56
Actions for trespass upon real property
57
Actions for injury to the person or rights of another other than contract rights
58
What actions must be brought within three years
59
b Actions brought upon a statute for a penalty by the party aggrieved
60
What actions must be commenced within ten years
61
Of remedies without action
67
Part 1 Chap VII Remedies without action Continued PAGE
79
Parties to actions
88
Part 1 Chap IX Parties to actions Continued PAGE
99
Part II Chap IX Parties to actions Continued PAGE
119
Watkins
132
Part 1 Chap IX Parties to actions Continued PAGE
134
Allen
155
Part 1 Chap IX Parties to actions Continued PAGE
158
City of Buffalo
166
Gilby
174
Part I Chap IX Parties to actions Continued PAGE
178
Part 1 Chap XI Leave to bring or defend actions PAGE
191
76
194
Alliance Insurance Co v Cleveland 622 Douglass
197
Part I Chap XI Leave to bring or defend actions Continued PAGE
198
Radde
204
Part I Chap XI Leave to bring or defend actions Continued PAGE
213
Of courts and their officers
221
Of courts and their officers Chap I Of courts generally Conťd PAGE
222
Church
229
CHAPTER II Officers of courts
231
Part II Chap I Officers of courts Continued PAGE
239
Of the United States supreme court
257
Part II Chap III Of the United States Supreme Court Continued PAGE
258
Of the removal of causes to the United States circuit court
266
Part II Chap IX Of the Superior Court of New York city Continued PAGE
330
Part II Chap X Of the Common Pleas of New York city PAGE
336
Part II Chap X Of the Common Pleas of New York city Continued PAGE
345
Part II Chap XI Superior Court of Buffalo Continued PAGE
352
Part II Chap XII Mayors and Recorders Courts Continued PAGU
357
Part II Chap XII Mayors and Recorders Courts Continued PAGE
365
City court of Brooklyn
371
Part II Chap XIII City Court of Brooklyn Continued PAGE
373
Part II Chap XIII City Court of Brooklyn Continued PAGE
379
Rules and calendars
401
Part II Chap XIV County Courts Continued PAGE
403
Part II Chap XV Surrogates Courts Continued PAGE
409
Practice at law prior to 1846
419
Practice Chap II General nature of Continued PAGE
423
Practice in equity prior to 1846
432
Part III Chap III Practice in equity Continued PAGE
437
The present practice and upon what it is founded
445
Part III Chap V Present practice Continued PAGE
455
The Commencement of actions
467
Commencement of actions Chap I Summons Continued PAGE
478
Service of the summons
507
Part IV Chap II Service of summons Continued PAGE
509
Heriot
517
Hadden
532
Part IV Chap II Service of summons Continued PAGE
541
Proceedings by the plaintiff after the service of the sum
551
Part IV Chap IV Proceedings by defendant etc Continued PAGE
576
Provisional remedies
587
Provisional remedies Chap I Arrest and bail Continued PAGE
599
Part 1 Chap I Arrest and bail Continued PAGE
633
Security by plaintiff
646
Smith
651
Part 1 Chap I Arrest and bail Continued PAGE
666
Dunscombe
678
Part V Chap I Arrest and bail Continued PAGE
696
Replevin or claim and delivery
708
Part V Chap II Replevin or claim and delivery Continued PAGE
723
Justification of defendants sureties
737
Part V Chap XI Replevin or claim and delivery Continued PAGE
741
Arrest of defendant
747

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Common terms and phrases

Popular passages

Page 62 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.
Page 39 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Page 158 - ... that the same is true of his own knowledge except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Page 49 - If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive...
Page 180 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Page 126 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 92 - That every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person...
Page 643 - Before issuing the writ. the clerk must require a written undertaking on the part of the plaintiff, in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Page 648 - ... to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Page 513 - Where the subject of the action is real or personal property in this State, and the defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly or partly in excluding the defendant from any interest or lien therein ; 5.

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