The New York Code of Civil Procedure ...S.S. Peloubet, 1894 - 655 pages |
From inside the book
Results 1-5 of 88
Page 49
... effect as if the removal had not been made . Where bail has been given , the surrender of the de- fendant in the court to which the action or special proceeding was re- noved has the same effect as a surrender in the court from which it ...
... effect as if the removal had not been made . Where bail has been given , the surrender of the de- fendant in the court to which the action or special proceeding was re- noved has the same effect as a surrender in the court from which it ...
Page 61
... effect upon the entry thereof in the office of the county clerk . Where the order directs that the action be tried in another county , the clerk with whom it is entered , must forthwith deliver to the clerk of that county , all papers ...
... effect upon the entry thereof in the office of the county clerk . Where the order directs that the action be tried in another county , the clerk with whom it is entered , must forthwith deliver to the clerk of that county , all papers ...
Page 67
... Effect of return of execution . 378. How presumption raised . 379. Limitation of action to redeem from a mortgage . 380. Other periods of limitation . 381 Within twenty years . 382. Within six years . 383. Within three years . 384 ...
... Effect of return of execution . 378. How presumption raised . 379. Limitation of action to redeem from a mortgage . 380. Other periods of limitation . 381 Within twenty years . 382. Within six years . 383. Within three years . 384 ...
Page 73
... effect ; in either of which cases , the provisions of law applicable thereto , immediately before this act takes effect , continue to be so applicable , not- withstanding the repeal thereof . 4. A case , waere the time to commence an ...
... effect ; in either of which cases , the provisions of law applicable thereto , immediately before this act takes effect , continue to be so applicable , not- withstanding the repeal thereof . 4. A case , waere the time to commence an ...
Page 74
... effect of service thereof . 424. Effect of voluntary appearance . 425. Summons ; wneu and by whom served . Sheriff's duty . 426. How personal service of sum- mons made upon a natural per- son . 427 , 428. Id .; in certain cases of in ...
... effect of service thereof . 424. Effect of voluntary appearance . 425. Summons ; wneu and by whom served . Sheriff's duty . 426. How personal service of sum- mons made upon a natural per- son . 427 , 428. Id .; in certain cases of in ...
Common terms and phrases
14 Daly 51 Super 9 Civ action brought action or special affidavit am'd appeal application appointed attend attorney awarded cause of action certified chattel citation clerk copy corporation costs county clerk county judge county treasurer court of record court or judge creditor debt decedent decree defendant delivered direct discharge discretion docket duly effect entitled execution executor or administrator filed final judgment final order granted guardian hundred interest 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 proof provisions real property recover referee rendered resident served sheriff special proceeding specified subd summons supreme court sureties surrogate surrogate's court term therein thereof thereto thereupon tion trial jurors trustee undertaking warrant of attachment writ
Popular passages
Page 54 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 66 - In pleading a judgment or other determination of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction ; but the judgment or determination may be stated to have been duly given or made.
Page 101 - ... 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 6 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 123 - ... until he submits to do the act which he was so required to do or is discharged according to law.
Page 83 - 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 Srate, 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 40 - If a person entitled to commence an action for the recovery of real property, or to make an entry or defense founded on the title to real property, or to rents or services out of the same, be at the time such title shall first descend or accrue, either: 1.
Page 142 - ... 1. For the recovery of a penalty or forfeiture imposed by statute; except, that when it is imposed for an offense committed on a lake, river, or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream, and opposite to the place where the offense was committed; 2.
Page 53 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Page 28 - ... a question of law is involved which ought to be reviewed by the court of appeals.