The New York Code of Civil Procedure: As Amended To, and Including 1887 ... |
From inside the book
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Page 46
... writ . 1948-2148 CHAPTER XVII . Certain special proceedings instituted without writ ... ..2149-2471 CHAPTER XVIII . Surrogates ' courts and proceedings therein .. .2472-2860 CHAPTER XIX . Courts of justices of the peace , and ...
... writ . 1948-2148 CHAPTER XVII . Certain special proceedings instituted without writ ... ..2149-2471 CHAPTER XVIII . Surrogates ' courts and proceedings therein .. .2472-2860 CHAPTER XIX . Courts of justices of the peace , and ...
Page 15
... writ or other process must be in the name of the people of the State , and each writ , process , record , pleading or other proceeding in a court , or before an officer , must be in the English language , and , unless it is oral , made ...
... writ or other process must be in the name of the people of the State , and each writ , process , record , pleading or other proceeding in a court , or before an officer , must be in the English language , and , unless it is oral , made ...
Page 15
As Amended To, and Including 1887 ... issued . A writ or other process thus subscribed or indorsed , is not void or voidable , by reason of having no seal or a wrong seal thereon , or of any mistake or omission in the teste thereof , or ...
As Amended To, and Including 1887 ... issued . A writ or other process thus subscribed or indorsed , is not void or voidable , by reason of having no seal or a wrong seal thereon , or of any mistake or omission in the teste thereof , or ...
Page 26
... writ of habeas corpus , or by the special dirction of the court committing him , or in a case specially pre- scribed by law ; is liable to the party aggrieved , for his damages sustained thereby , and is guilty of a misdemeanor . If the ...
... writ of habeas corpus , or by the special dirction of the court committing him , or in a case specially pre- scribed by law ; is liable to the party aggrieved , for his damages sustained thereby , and is guilty of a misdemeanor . If the ...
Page 32
... writ ten out , and may enforce payment thereof . Any such copy shall be acces sible to and may be examined by any of the counsel in the cause . If there are two or more parties on the same side , the order may direct either of them to ...
... writ ten out , and may enforce payment thereof . Any such copy shall be acces sible to and may be examined by any of the counsel in the cause . If there are two or more parties on the same side , the order may direct either of them to ...
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.