The Code of Procedure of the State of New York: As Amended by the Legislature, by an Act Passed July 10, 1851, with Notes of Decisions and References to Th Rules and Form of Practice, with a Copious Index |
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Page vi
... matter to be stricken out , .. 161. Judgments how to be pleaded , ...... 58-59 85 58 58 58 59-61 3888 63 59 59 60 60 61-62 23 82 61 62 62 62 62-63 62 63 63 64 8632228 64 68 64 SECTION 162. Conditions precedent , how to be pleaded , vi ...
... matter to be stricken out , .. 161. Judgments how to be pleaded , ...... 58-59 85 58 58 58 59-61 3888 63 59 59 60 60 61-62 23 82 61 62 62 62 62-63 62 63 63 64 8632228 64 68 64 SECTION 162. Conditions precedent , how to be pleaded , vi ...
Page 23
... matter of account , where the sum total of the accounts of both parties , proved to the satisfaction of the justice , shall exceed four hundred dollars ; 5. Nor of an action against an executor or administra- tor , as such . Should the ...
... matter of account , where the sum total of the accounts of both parties , proved to the satisfaction of the justice , shall exceed four hundred dollars ; 5. Nor of an action against an executor or administra- tor , as such . Should the ...
Page 24
... matter showing that such title will come in question . Such answer shall be in writing , signed by the defendant or ... matters of sub- stance . Wendell agt . Mitchell and others . 5 How . 424 . A reply is not necessary on the part of ...
... matter showing that such title will come in question . Such answer shall be in writing , signed by the defendant or ... matters of sub- stance . Wendell agt . Mitchell and others . 5 How . 424 . A reply is not necessary on the part of ...
Page 54
... matter of Heller , 3 Paige 199 ; Clarke vs. Dunham , 4 Denio , 262 ; Sternbergh vs. Schoolcraft , 2 Barb . 153 ; Matter of Hopper , a lunatic , 5 Paige 489 . Papers served should be left with defendant . Beekman vs. Cutler et al . , 2 ...
... matter of Heller , 3 Paige 199 ; Clarke vs. Dunham , 4 Denio , 262 ; Sternbergh vs. Schoolcraft , 2 Barb . 153 ; Matter of Hopper , a lunatic , 5 Paige 489 . Papers served should be left with defendant . Beekman vs. Cutler et al . , 2 ...
Page 61
... matters enumerated Objection in section 144 do not appear upon the face of the com- ing on face plaint , the objection ... matter consti- tuting a defence or set - off without unnecessary repetition . 11 May set forth as many grounds of ...
... matters enumerated Objection in section 144 do not appear upon the face of the com- ing on face plaint , the objection ... matter consti- tuting a defence or set - off without unnecessary repetition . 11 May set forth as many grounds of ...
Other editions - View all
The Code of Procedure of the State of New York: As Amended by the ... H. S. McCall No preview available - 2017 |
The Code of Procedure of the State of New York: As Amended by the ... New York,Henry Strong McCall No preview available - 2016 |
The Code of Procedure of the State of New-York; As Amended by the ... H. S. McCall No preview available - 2017 |
Common terms and phrases
abolished adverse party affidavit allegation allowed Amended amount answer apply appointed attachment attorney bail Barb brought cause of action ceedings CHAPTER city of New-York civil actions claim clerk Code Rep commenced common pleas complaint copy corporation costs county court county judge court of common court or judge damages decree deemed defendant deliver delivery demurrer deposit docketed dollars effect entered entitled examined execution fees fendant filed granted hundred injunction issue of fact issue of law judgment debtor judgment roll jurisdiction jury justice letters patent liable manner ment motion notice oyer and terminer Passed personal property plaintiff pleading prescribed proceed proceedings prosecuted provisional remedy quo warranto real property recover referees rendered resident Revised Statutes Sand scire facias served sheriff special term specified summons superior court supreme court Supreme Court Rule sureties therein thereof tion tried twenty days undertaking unless verdict writ
Popular passages
Page 75 - ... 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 40 - 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 60 - ... 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 70 - 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 49 - 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 66 - 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 71 - ... 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 90 - 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 83 - ... 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 42 - 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...