The Code of Civil Procedure of the State of New York ...Parsons, 1896 - 1182 pages |
From inside the book
Results 1-5 of 87
Page 23
... taken by a stenographer , are part of the proceedings in the cause ; and , unless they are filed , pursuant to an order , made as prescribed in the last section , they must be carefully preserved by the stenographer , for two years ...
... taken by a stenographer , are part of the proceedings in the cause ; and , unless they are filed , pursuant to an order , made as prescribed in the last section , they must be carefully preserved by the stenographer , for two years ...
Page 47
... taken by him , and is entitled to all the rights , and subject to all the liabilities , prescribed by law with respect to a similar under- taking taken by a sheriff . The undertaking may be assigned by him , to the party at whose ...
... taken by him , and is entitled to all the rights , and subject to all the liabilities , prescribed by law with respect to a similar under- taking taken by a sheriff . The undertaking may be assigned by him , to the party at whose ...
Page 50
... taken to the court of appeals . From and after the last day of December , eighteen hun- dred and ninety - five , the jurisdiction of the court of appeals shall , in civil actions and proceedings , be confined to the review upon appeal ...
... taken to the court of appeals . From and after the last day of December , eighteen hun- dred and ninety - five , the jurisdiction of the court of appeals shall , in civil actions and proceedings , be confined to the review upon appeal ...
Page 92
... taken only by answer . The corresponding objection to a defence or counterclaim can be taken only by reply ; except where a reply is not required , in order to enable the plaintiff to raise an issue of fact , upon an allegation con ...
... taken only by answer . The corresponding objection to a defence or counterclaim can be taken only by reply ; except where a reply is not required , in order to enable the plaintiff to raise an issue of fact , upon an allegation con ...
Page 95
... taken , and the case is one embraced in the Dext section . Id . See post , § 1212 . § 420. [ Am'd , 1877. ] Cases where such service must be made . Judgment may be taken without application to the court , where the complaint sets forth ...
... taken , and the case is one embraced in the Dext section . Id . See post , § 1212 . § 420. [ Am'd , 1877. ] Cases where such service must be made . Judgment may be taken without application to the court , where the complaint sets forth ...
Contents
1 | |
80 | |
89 | |
112 | |
175 | |
205 | |
211 | |
231 | |
627 | |
636 | |
643 | |
664 | |
677 | |
784 | |
809 | |
823 | |
241 | |
243 | |
311 | |
330 | |
345 | |
356 | |
358 | |
394 | |
396 | |
448 | |
463 | |
476 | |
524 | |
577 | |
613 | |
620 | |
843 | |
857 | |
863 | |
872 | |
881 | |
883 | |
894 | |
900 | |
906 | |
918 | |
929 | |
930 | |
951 | |
975 | |
985 | |
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...