The New York Code of Civil Procedure: As Amended To, and Including 1887 ... |
From inside the book
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Page 24
... sureties . What deemed and what not deemed an escape . When court may order prisoner out of sheriff's custody . 151. For whom undertaking to be held . 157 . Prisoners committed for con- tempt . 158 . 152. Prisoner to be committed when ...
... sureties . What deemed and what not deemed an escape . When court may order prisoner out of sheriff's custody . 151. For whom undertaking to be held . 157 . Prisoners committed for con- tempt . 158 . 152. Prisoner to be committed when ...
Page 25
... sureties , residents and householders or free- holders of the county , in a penalty at least twice the sum in which ... sureties ; the officers before whom they must justify ; the substitution of new sureties or a new undertaking ; the ...
... sureties , residents and householders or free- holders of the county , in a penalty at least twice the sum in which ... sureties ; the officers before whom they must justify ; the substitution of new sureties or a new undertaking ; the ...
Page 26
... sureties , is offered . 153. [ am'd 1886. ] One or more of the sureties in an undertaking given for the liberties of a jail may surrender the principal at any time before judgment is rendered against them in an action on the undertaking ...
... sureties , is offered . 153. [ am'd 1886. ] One or more of the sureties in an undertaking given for the liberties of a jail may surrender the principal at any time before judgment is rendered against them in an action on the undertaking ...
Page 27
... sureties , to enable them to defend the same , the judgment against the sheriff is conclusive evidence of his right to recover against the prisoner and his sureties , to whom the notice was given , as to any matter which was or might ...
... sureties , to enable them to defend the same , the judgment against the sheriff is conclusive evidence of his right to recover against the prisoner and his sureties , to whom the notice was given , as to any matter which was or might ...
Page 32
... sureties , approved by the Comptroller and conditioned for the faithful per- formance of the duties of his office . If the bond is forfeited by a breach of its condition , the court of appeals must , by order , direct an action to be ...
... sureties , approved by the Comptroller and conditioned for the faithful per- formance of the duties of his office . If the bond is forfeited by a breach of its condition , the court of appeals must , by order , direct an action to be ...
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.