The New York Code of Civil Procedure: As Amended To, and Including 1887 ... |
From inside the book
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Page 83
... petition for leave to prosecute as a poor person . 459. Contents of petition . 460. When and how leave granted . 461. Not liable for costs and fees . 462. When leave may be annulled . § 463. When defendant may petition to defend as a ...
... petition for leave to prosecute as a poor person . 459. Contents of petition . 460. When and how leave granted . 461. Not liable for costs and fees . 462. When leave may be annulled . § 463. When defendant may petition to defend as a ...
Page 84
... petition the court , in which the action is pending , for leave to defend the action as a poor person , and to have an attorney and counsel assigned to conduct his defence . 464. The petition must contain the same matters , respecting ...
... petition the court , in which the action is pending , for leave to defend the action as a poor person , and to have an attorney and counsel assigned to conduct his defence . 464. The petition must contain the same matters , respecting ...
Page 140
... Petition for discovery , and order thereupon . § 806. Order , when and by whom va- cated . 807. Proceedings upon the return of the order . 808. Penalty for disobedience . 809. Effect of papers , etc. , produced . § 803. A court of ...
... Petition for discovery , and order thereupon . § 806. Order , when and by whom va- cated . 807. Proceedings upon the return of the order . 808. Penalty for disobedience . 809. Effect of papers , etc. , produced . § 803. A court of ...
Page 251
... petition , duly verified , setting forth the facts , and praying for such a decree ; and that the persons , specified in the first sub- division of this section , may be cited , to show cause why it should not be granted . Upon the ...
... petition , duly verified , setting forth the facts , and praying for such a decree ; and that the persons , specified in the first sub- division of this section , may be cited , to show cause why it should not be granted . Upon the ...
Page 335
... petition is disposed of , unless the plaintiff elects to discontinue . If a decree to dispose of real property , pursuant to the prayer of the petition , is granted , the action must be dismissed , unless the plaintiff has alleged in ...
... petition is disposed of , unless the plaintiff elects to discontinue . If a decree to dispose of real property , pursuant to the prayer of the petition , is granted , the action must be dismissed , unless the plaintiff has alleged in ...
Common terms and phrases
9 Civ action brought action or special affidavit am'd appeal application appointed attend attorney awarded bond cause of action certified chattel citation copy corporation costs county clerk county treasurer court of record court or judge creditor damages debt decedent decree defendant delivered deposit directed discharge discretion docket dower effect entitled execution executor or administrator fees filed final judgment final order granted guardian habeas corpus hundred infant interest issue of fact joinder of issue judgment debtor jurisdiction jury justice last section letters testamentary liable lien mortgage notice otherwise paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section prisoner proof provisions real property recover referee rendered resident served sheriff special proceeding specified subpoena summons supreme court sureties surrogate surrogate's court taken term testamentary therein thereof thereto thereupon tion trial jurors trustee undertaking warrant of attachment writ
Popular passages
Page 79 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 127 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 79 - 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 87 - 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 111 - If he is a natural person and a resident of the state, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent; or, 8.
Page 80 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Page 127 - ... in its discretion, and 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 87 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defence or counterclaim, in ordinary and concise language, without repetition.
Page 433 - Where there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing, or property, referred to in the award 'i.
Page 69 - Where a person is disabled to sue in the courts of the State, by reason of either party being an alien subject or citizen of a country at war with the United States, the time of the continuance of the disability is not a part of the time limited for the commencement of the action.