The Code of Procedure of the State of New York, with Art. VI of the Constitution, Also the Rules of the Court of Appeals and Supreme Court, and the Special Rules of the Several Courts of the City of New York, as Amended to May 26, 1876 |
From inside the book
Results 1-5 of 45
Page 8
... sufficient for the transaction of its business , be not provided for it , in the place where by law the court may be held , the court may order the sheriff of the county to make such provision , and the expense incurred by him in ...
... sufficient for the transaction of its business , be not provided for it , in the place where by law the court may be held , the court may order the sheriff of the county to make such provision , and the expense incurred by him in ...
Page 11
... sufficient for the transaction of their busi- ness . If the supervisors neglect , the court may order the sheriff to do so ; and the expense incurred by him in carrying the order into effect , when certi- fied by the court , shall be a ...
... sufficient for the transaction of their busi- ness . If the supervisors neglect , the court may order the sheriff to do so ; and the expense incurred by him in carrying the order into effect , when certi- fied by the court , shall be a ...
Page 21
... sufficient sure- ties , to be approved by the justice of the peace before whom such action is commenced , to the effect that they are bound in double the value of such property as stated in said affidavit , for the prosecution of said ...
... sufficient sure- ties , to be approved by the justice of the peace before whom such action is commenced , to the effect that they are bound in double the value of such property as stated in said affidavit , for the prosecution of said ...
Page 25
... to the plaintiff . 56. At the time of answering , the defendant shall deliver to the justice a written undertaking , exe- cuted by at least one sufficient surety , and approved by the justice , to the effect , that , JUSTICES COURTS . 25.
... to the plaintiff . 56. At the time of answering , the defendant shall deliver to the justice a written undertaking , exe- cuted by at least one sufficient surety , and approved by the justice , to the effect , that , JUSTICES COURTS . 25.
Page 29
... sufficient for a party to deliver the account or instrument to the court , and to state that there is due to him thereon from the adverse party a specified sum , which he claims to recover or set off . 10. A variance between the proof ...
... sufficient for a party to deliver the account or instrument to the court , and to state that there is due to him thereon from the adverse party a specified sum , which he claims to recover or set off . 10. A variance between the proof ...
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Common terms and phrases
adverse party affidavit allowed amended amount answer apply appointed attachment attorney bail brought cause of action certified CHAPTER city and county Civil Actions claim clerk Code commenced common pleas complaint copy corporation costs county court county judge court of appeals court of common damages day calendar deemed defendant deliver demurrer deposited direct district docketed dollars effect entered entitled erty examination execution fendant filed granted guardian heard hereafter infant issue of fact issue of law judgment debtor jurisdiction jury justice letters patent manner ment mortgage motion order of arrest oyer and terminer papers payment pending personal property plaintiff pleading premises prescribed proceedings proof provisional remedy real property recover recovery referee remittitur rendered residence Rule served sheriff special term specified statute summons superior court supreme court sureties taken therein thereof thereto thereupon tion twenty days undertaking unless verdict Voorhis York
Popular passages
Page 74 - 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 64 - 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 38 - Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises under claim of title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent court ; and that there has been a continued occupation and possession of the premises included in such instrument, decree or judgment, or of some part of.
Page 50 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Page 53 - 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 60 - ... in case of publication, where the residence of a nonresident or absent defendant is known, the court or judge must direct a copy of the summons and complaint to be forthwith deposited in the postoffice, directed to the person to be served, at his place of residence.
Page 70 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Page 65 - When any of the matters enumerated in section forty do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Page 36 - The people of this state will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless : 1.
Page 85 - He must, without delay, serve on the defendant a copy of the affidavit, notice, and undertaking, by delivering the same to him personally, if he can be found, or to his agent from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion...