Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Volume 31S.S. Peloubet, 1901 |
From inside the book
Results 1-5 of 28
Page 8
... direct conflict . with Section 2038 of the Code of Civil Procedure , which provides : " Where it appears from the return to either writ , that the prisoner is in custody by virtue of a mandate an order for his discharge shall not be ...
... direct conflict . with Section 2038 of the Code of Civil Procedure , which provides : " Where it appears from the return to either writ , that the prisoner is in custody by virtue of a mandate an order for his discharge shall not be ...
Page 35
... direct conflict with the case of Lewis r . Stafford , decided by the Appellate Term in the First Department , and reported 24 Misc . , 717 . In that case the provision in the lease was that " in case of default , or any violation in any ...
... direct conflict with the case of Lewis r . Stafford , decided by the Appellate Term in the First Department , and reported 24 Misc . , 717 . In that case the provision in the lease was that " in case of default , or any violation in any ...
Page 43
... money in his hands in Court , or to make such other disposition of the same as the Court may direct . " ( 3 ) That by a stipulation made in the suit , dated De- Richard D. Harris v . George Elliott . cember 6 VOL . XXXI . 43.
... money in his hands in Court , or to make such other disposition of the same as the Court may direct . " ( 3 ) That by a stipulation made in the suit , dated De- Richard D. Harris v . George Elliott . cember 6 VOL . XXXI . 43.
Page 47
... direct its payment into Court , or to an officer of the Court . The clerk , therefore , should have docketed the judgment , and being a ministerial officer , could have been thereunto compelled by mandamus . The fact that the judgment ...
... direct its payment into Court , or to an officer of the Court . The clerk , therefore , should have docketed the judgment , and being a ministerial officer , could have been thereunto compelled by mandamus . The fact that the judgment ...
Page 53
... direct that he be made a party , by amendment of the pleadings , or otherwise as the case requires . Where an application is made by the plaintiff to bring in such a person as defendant , the Court may direct that a supple- mental ...
... direct that he be made a party , by amendment of the pleadings , or otherwise as the case requires . Where an application is made by the plaintiff to bring in such a person as defendant , the Court may direct that a supple- mental ...
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Common terms and phrases
33 Misc affidavit affirmed alleged amendment amount Appellate Division application assessment assignment attachment attorney authority bonds Boyd Catholic Benevolent Legion cause of action certificates City Civil Procedure claim Code of Civil Coles & Company complaint contract corporation costs counsel County creditors Cummings damages death debt deceased decedent defendant discharge docketed Eleventh Ward Bank enforce entitled evidence ex rel execution executor facts habeas corpus heirs held interest issued John Lavery judg judgment debtor jurisdiction justice King Knights of Honor lease letters testamentary lien Martha King Matter ment Municipal Court non-resident O'Brien offer of judgment owner parties payment person petition petitioner plaintiff premises question real property receiver receiver's note recover rent respondent reversed Sardy sheriff Siedler Special Term statute surrogate Surrogate's Court tenant testator testimony thereof Tilyou tion transaction trial trust writ York
Popular passages
Page 135 - 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 90 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order in his client's favor, and the proceeds thereof in whosesoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after judgment or final order.
Page 189 - And it is agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for the said party of the first part to re-enter the said premises, and to remove all persons therefrom.
Page 53 - In case of any transfer of Interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the Interest is transferred to be substituted In the action or joined with the original party.
Page 54 - 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 373 - I. c. 11.) the presumption of the duration of life, with respect to persons of whom no account can be given, ends at the expiration of seven years from the time when they were last known to be living.
Page 16 - ... and shall be a lien on the real property in the county where the same is docketed, of every person against whom any such judgment shall be rendered, and which he may have at the time of the docketing thereof in the county in which such real property is situated, or which he shall acquire at any time thereafter, for ten years from the time of docketing the same in the county where the judgment-roll was filed.
Page 65 - But real property purchased with the proceeds of a pension granted by the United States for military or naval services, and owned by the pensioner, or by his wife or widow, is subject to taxation as herein provided.
Page 270 - ... shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares...
Page 283 - The Legislature may hereafter enlarge or restrict the jurisdiction of the County Courts, provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant.