The Code of Procedure of the State of New York, 1870: With Art. VI of the Constitution, and a Full Index |
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Common terms and phrases
adverse party affidavit allowed amended amount answer appellate court apply appointed attachment attorney bail brought cause of action CHAPTER circuit courts city and county Civil Actions claim clerk commenced common pleas complaint copy corporation county court county judge court of appeals court of common court or judge courts of oyer damages deemed defendant deliver delivery deposited direct discretion docketed effect enforced entitled erty exceeding execution fendant filed granted injunction issue of fact issue of law judge thereof judgment appealed judgment debtor judgment roll jurisdiction jury justice letters patent liability manner ment motion notice of appeal order of arrest oyer and terminer peace pending personal property plaintiff pleading possession prescribed prosecuted provisional remedy real property referee render judgment require reside served sheriff special term specified statute summons superior court supreme court sureties taken thereafter therein thereto thereupon tion twenty days unless verdict York
Popular passages
Page 66 - 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 212 - No judicial officer, except justices of the peace, shall receive to his own use any fees or perquisites of office...
Page 101 - ... contempt, may make an order, requiring the sheriff to take the money or thing and deposit or deliver it, in conformity with the direction of the court. When the answer of the defendant admits part of the plaintiff's claim to be just, the court on motion, may order such defendant to satisfy that part of the claim, and may enforce the order as it enforces a provisional remedy.
Page 88 - ... restraining the commission or continuance of some act, the commission or continuance of which, during the litigation, would produce great or irreparable injury to the plaintiff...
Page 43 - An action is commenced as to each defendant when the summons is served on him, or on a co-defendant, who is a joint contractor, or otherwise united in interest with him.
Page 203 - ... the vacancy shall be so filled, the Governor by and with the advice and consent of the Senate, if the Senate shall be in session, or if not in session the Governor, may...
Page 135 - All statutes establishing or regulating the costs or fees of attorneys, solicitors, and counsel in civil actions, and all existing rules and provisions of law, restricting or controlling the right of a party to agree with an attorney, solicitor, or counsel, for his compensation, are repealed ; and hereafter the measure of such compensation shall be left to the agreement, express or implied, of the parties.
Page 45 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Page 104 - State, must require the plaintiff or his agent to be examined on oath respecting any payments that have been made to the plaintiff, or to any one for his use, on account of such demand, and may render judgment for the amount which he is entitled to recover.
Page 53 - ... committed on a lake, river, or other stream of water situated in two or more counties, the action may be brought in any county bordering on such lake, river or stream, and opposite to the place where the offense was committed.