What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
The Code of Procedure of the State of New York: As Amended by the ...
New York,Henry Strong McCall
No preview available - 2016
action adverse party affidavit allowed Amended amount answer appeal apply appointed arrest attachment attorney bail brought cause CHAPTER civil claim clerk Code Rep commenced common complaint copy corporation costs damages deemed defendant deliver delivery deposit determination direct dollars effect entered entitled examined execution existing fact fees filed give given granted hundred injunction interest issue judge judgment judgment debtor jurisdiction jury justice leave liable manner ment motion necessary New-York notes notice obtained otherwise party Passed person plaintiff pleading possession prescribed proceed proceedings prosecuted question real property receiver recover recovery referees relating rendered resident respect rules Sand served sheriff specified Statutes stay sufficient suits summons supreme court sureties taken term therein thereof tion trial tried undertaking unless verdict witness writing
Page 77 - ... that if the defendant; recover 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, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 42 - An action against a Sheriff, Coroner or Constable, upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution. But this Section shall not apply to an action for an escape. 2. An action upon a statute, for a penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the State, except where the statute imposing it prescribes...
Page 62 - ... The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; 2.
Page 72 - 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 51 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2.
Page 68 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Page 73 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 92 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover 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 arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 85 - ... if they, or others in their place, fail to justify, at the time and place appointed, he shall deliver the property to the plaintiff.
Page 44 - Within the age of twenty-one years ; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or, in execution under the sentence of a criminal court, for a term less than his natural life ; The time of such disability is not a part of the time limited, for the commencement of the action...