The Code of Civil Procedure of the State of New York: The Twenty-three Chapters in Full, the Different Amendments in Their Proper Sections, as in Force on September 1st, 1877, and All Subsequent Amendments and Enactments Affecting the Same ...Banks & Bros., 1895 - 926 pages |
From inside the book
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Page 3
... necessary to preserve the peace , or , in a criminal case , to arrest , commit or discharge a person charged with an offence . § 7. General powers of courts of record . A court of record has power : 1. To issue a subpoena , requiring ...
... necessary to preserve the peace , or , in a criminal case , to arrest , commit or discharge a person charged with an offence . § 7. General powers of courts of record . A court of record has power : 1. To issue a subpoena , requiring ...
Page 21
... necessary , in arresting and confining the resisters , their aiders and abettors , to be dealt with according to law . § 105. Names of resisters to be certified . The sheriff must certify to the court , from which or by whose authority ...
... necessary , in arresting and confining the resisters , their aiders and abettors , to be dealt with according to law . § 105. Names of resisters to be certified . The sheriff must certify to the court , from which or by whose authority ...
Page 24
... necessary things , as he thinks fit , from whom he pleases , without detention of the same or any part thereof by , or paying for the same , or any part thereof to , the officer arresting him , or the person in whose custody he is ...
... necessary things , as he thinks fit , from whom he pleases , without detention of the same or any part thereof by , or paying for the same , or any part thereof to , the officer arresting him , or the person in whose custody he is ...
Page 45
... necessary for a decision . In each depart- ment four of the justices of the appellate division of the supreme court shall con- stitute a quorum , and the concurrence of three justices is necessary to pronounce a decision . No more than ...
... necessary for a decision . In each depart- ment four of the justices of the appellate division of the supreme court shall con- stitute a quorum , and the concurrence of three justices is necessary to pronounce a decision . No more than ...
Page 51
... necessary expenses , while attend- ing court , including stationery , and ten cents for each mile for his actual travel , between the place of holding each term and his residence , going and returning , or from term to term , as the ...
... necessary expenses , while attend- ing court , including stationery , and ten cents for each mile for his actual travel , between the place of holding each term and his residence , going and returning , or from term to term , as the ...
Contents
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Common terms and phrases
action brought action or special affidavit AM'D BY CH AM'D CH amended appeal appellate division application appointed arrest attend attorney awarded bond cause of action certified chattel clerk Code of Proc commissioner copy corporation costs county clerk county judge county treasurer court of record court or judge creditor damages debt decedent decree defendant delivered deposit directed discharge discretion docket effect Jan entitled execution executor or administrator filed final judgment granted guardian habeas corpus interest judgment debtor jurisdiction jury justice last section letters letters testamentary liable lien notice paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section prisoner proof provisions real property recover referee rendered resident served sheriff special proceeding specified summons supreme court sureties surrogate surrogate's court taken term therein thereof thereto thereupon tion trial jurors trustee undertaking writ
Popular passages
Page 82 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 468 - Where an award is vacated and the time, within which the agreement required the award to be made, has not expired, the court may in its discretion direct a rehearing by the arbitrators.
Page 468 - Whore there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing, or property, referred to in the award.
Page 92 - ... 1. 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. 2. In an action on contract, any other cause of action on contract, existing at the commencement of the action.
Page 468 - Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced. (d) Where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
Page 590 - ... the effect, that if the defendant recovers judgment, or if the warrant is vacated, the plaintiff will pay all costs, which may be awarded to the defendant, and all damages, which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, which must be at least two hundred and fifty dollars.
Page 98 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Page 159 - ... refuses without reasonable cause to be examined, or to answer a legal and pertinent question, or to produce a book or paper...
Page 96 - 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 469 - Each notice, affidavit, or other paper used upon an application to confirm, modify, or correct the award, and a copy of each order of the court upon such an application.