Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Volume 33S.S. Peloubet, 1903 - Civil procedure |
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38 Misc administrator affidavit affirmed agreement alleged alternative writ amendment American Surety Company Aplt Appellate Division application appointed attorney authority Borough calendar cause of action charge charter cited city magistrates Civil Procedure claim Code of Civil codicil Company complaint concur constitution contract corporation costs counsel County court of equity deceased decision decree defendant defendant's demurrer denied dismissed District elected electors entitled evidence ex rel execution executor fact filed George F guardian Harry Griffiths issue judge judgment judicial jurisdiction jury justices Legislature liability lien Mary Killan Matter ment Metropolitan Street Railway Mingey misjoinder motion notice parties person petitioner plaintiff preference premises probate proceeding proof provision question receiver referee Respondent reversed rule security for costs settlement Slingerland Special Term statute subd supra SUPREME COURT-APPELLATE surrogate Surrogate's Court taxes testator testatrix testimony thereof tion trial witness York Zeltner
Popular passages
Page 220 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 86 - Justices of the peace and district court justices may be elected in the different cities of this state in such manner, and with such powers, and for such terms, respectively, as are or shall be prescribed by law ; all other judicial officers in cities, whose election or appointment is not otherwise provided for in this article, shall be chosen by the electors of such cities or appointed by some local authorities thereof.
Page 89 - Except as herein otherwise provided, all judicial officers shall be elected or appointed at such times and in such manner as the Legislature may direct.
Page 324 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order in his client's favor, and the proceeds thereof in whosesoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after judgment or final order.
Page 337 - By himself, or by or in the name of another person, either before or after action brought, promise or give, or procure to be promised or given, a valuable consideration to any person, as an inducement to placing, or in consideration of having placed, in his hands, or in the hands of another person, a demand of any kind, for the purpose of bringing an action thereon, or of representing the claimant in the pursuit of any civil remedy for the recovery thereof.
Page 185 - Judgment that the action be dismissed, without prejudice to a new action, may be entered with costs, in the following cases: 1.
Page 287 - 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 210 - No representation shall be admitted among collaterals, after brothers' and sisters
Page 102 - ... .that he was free from contributory negligence, and that the accident was caused solely by the negligence of the defendant.
Page 195 - And, in every stage of the action, the court must disregard an error or defect, in the pleadings or other proceedings, which does not affect the substantial rights of the adverse party.