The Code of Civil Procedure of the State of New York ...Parsons, 1896 - 1182 pages |
From inside the book
Results 1-5 of 80
Page 99
... affidavit , except as follows : If the service was made by the sheriff , it may be proved by his certificate thereof ... affidavit of a person , other than the plaintiff , showing that the signature is genuine . A certificate , admission ...
... affidavit , except as follows : If the service was made by the sheriff , it may be proved by his certificate thereof ... affidavit of a person , other than the plaintiff , showing that the signature is genuine . A certificate , admission ...
Page 100
... affidavit of a person , not a party to the action , or by the return of the sheriff of the county where the defendant resides , that proper and diligent effort has been made to serve the summons upon the defendant , and that the place ...
... affidavit of a person , not a party to the action , or by the return of the sheriff of the county where the defendant resides , that proper and diligent effort has been made to serve the summons upon the defendant , and that the place ...
Page 103
... affidavit of the printer or publisher , or his foreman or principal clerk . Proof of deposit in the post - office , or of delivery , of a paper required to be deposited or delivered by the provisions of this article , must be made by ...
... affidavit of the printer or publisher , or his foreman or principal clerk . Proof of deposit in the post - office , or of delivery , of a paper required to be deposited or delivered by the provisions of this article , must be made by ...
Page 107
... affidavit , unless the ap- plicant is an infant under the age of fourteen years , and in that case by the affidavit of his guardian appointed in said action , and supported by a certificate of a counselor at law to the effect that he ...
... affidavit , unless the ap- plicant is an infant under the age of fourteen years , and in that case by the affidavit of his guardian appointed in said action , and supported by a certificate of a counselor at law to the effect that he ...
Page 123
... affidavit ; or if there are two or more parties united in interest , and pleading together , where neither of them , acquainted with the facts is within that county , and capable of making the affidavit ; or where the action or defence ...
... affidavit ; or if there are two or more parties united in interest , and pleading together , where neither of them , acquainted with the facts is within that county , and capable of making the affidavit ; or where the action or defence ...
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Common terms and phrases
action brought action or special affidavit Am'd appeal appellate division application appointed attend attorney awarded cause of action certified chattel commissioner copy corporation costs county clerk county judge county treasurer court of record court or judge creditor damages debt decedent decree defendant delivered deposition directed discharge discretion docket effect entitled execution executor or administrator fees filed final judgment granted guardian habeas corpus interest issue of fact joinder of issue judgment debtor jurisdiction jury justice Kings county last section letters testamentary liable lien New-York notice otherwise paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section prisoner Proc proof provisions real property recover referee rendered resident served sheriff special proceeding specified subpoena summons supreme court sureties surrogate surrogate's court taken term therein thereof thereto thereupon tion trial jurors undertaking witness writ
Popular passages
Page 103 - 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 174 - 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 115 - 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 122 - The affidavit of verification must be to the effect that the pleading is true to the knowledge of the deponent, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Page 140 - ... the subject of the action, and tending to render the judgment ineffectual, an injunction order may be granted to restrain him therefrom.
Page 99 - That the defendant is either a foreign corporation or not a resident of the State ; or, 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...
Page 78 - 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. Such right or title shall have accrued within ten years before any action or other proceeding for the same is commenced, or, 2.
Page 174 - ... 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 111 - Upon claims arising out of the same transaction or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Page 204 - ... in his own behalf or interest, or in behalf of the party succeeding to his title or interest against the executor, administrator or survivor of a deceased person or the committee of a lunatic, or a person deriving his title or interest from, through or under a deceased person or lunatic, by assignment or otherwise, concerning a personal transaction or communication between the witness and the deceased person...