Parker's Pocket Code of Civil Procedure: The New New York Code of Civil Procedure Containing All Amendments of 1903, with Numerous Notes of Reference, Together with Notes of Leading Cases Construing the Code and Constitutional and Statutory Provisions Relating to Practice

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Contents

The supreme court 217262
60
263313
74
The city court of the city of New York 314339
83
The county courts 340361
90
CHAPTER IV
96
General provisions 398415
105
Substitutes for personal service in special cases 435445
116
CHAPTER VI
129
Provisions generally applicable to pleadings 518547
140
General provisional remedies in an action 548720
147
Discharging the defendant upon bail or deposit justifi
154
Executions
158
Injunction
161
Vacating or modifying an injunction order
167
Vacating or modifying the warrant discharging
181
Proceedings after judgment rights of parties and duties
187
General and miscellaneous provisions
193
transfer of his interest
204
Miscellaneous practice regulations
210
Service of papers
216
817827
223
Deposition
238
Depositions taken within the State for use without
250
Proof of a document remaining in a court or public
258
CHAPTER X
264
Qualifications and exemptions of trial jurors
281
Mode of striking and procuring a special jury
291
Provisions relating to trial jurors in the county
311
Trial by jury
322
Miscellaneous provisions including those relating to
328
upon
342
Judgments taken without process
349
CHAPTER XII
355
Forms of execution time and manner of issuing an execu
377
Lien of an execution upon personal property levy
385
Sale redemption and conveyance of real property
396
Remedies for failure of title to real property sold
408
property
448
Art 1o Evidence in actions or proceedings involving a title
461
16381650
474
Actions relating to a corporation
489
specified in this title
498
legatee heir or devisee
507
Other special actions and rights of action 18711918
516
Other actions by or against particular parties 19191947
530
Proceedings to punish a contempt of court other than
623
Proceedings to collect a fine 22932301
629
Proceedings for the appointment of a committee of
635
Proceedings for the disposition of the real property
643
Arbitrations 23652386
650
Proceedings to foreclose a mortgage by advertisement 23872409
656
Proceedings to change the name of an individual 24102418
663
Proceedings supplementary to an execution against prop
671
The receiver 2464 2471
680
General duties and disabilities of the surrogate
688
Clerks stenographers miscellaneous provisions 25042514
695
costs and fees 25502567
711
ally to executors administrators guardians
721
Granting and revoking probate letters testamentary
727
Foreign wills ancillary letters 2694 2705
758
Aid supervision and control of an executor or
765
Accounting and settlement of the estate 27222748
772
Disposition of the decedents real property for the
783
Frovisions relating to a testamentary trustee 28022820
807
ment of his accounts 28422850
814
CHAPTER XIX
820
Pleadings including counterclaims and proceedings
841
Proceedings between the joinder of issue and the trial 29592987
847
Trial and its incidents 29883009
855
Judgment and docketing the same 30103023
861
Appeals 3044 3073
870
Costs 30743081
879
Provisions specially relating to courts of justices of
891
Miscellaneous provisions 3134 3158
897
CHAPTER XX
903
Appeals 31883195
913
The district courts of the city of New York and the jus
919
Provisions exclusively applicable to the justices courts
925
Awarding and enforcing payment of costs 32283250
927
Miscellaneous provisions 32483250
933
Security for costs 32683279
941
Sums allowed as fees 32963332
948
CHAPTER XXII
963
CHAPTER XXIII
973
Proceedings for the sale of corporate real property 33903397
983
Proceedings to enforce liens on vessels 34203441
990
17811783
914920
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Page 120 - 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 121 - 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 843 - ... 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 419 - Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life ; or 4.
Page 155 - ... of the latter, before a judge of the court, or a county judge, at a specified time and place ; the time to be not less than five...
Page 532 - ... or other person, acting in its behalf, either by a citizen resident therein, or by a corporation, who is assessed for and is liable to pay, or, within one year before the commencement of the action, has paid, a tax therein.
Page 650 - 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 142 - 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 96 - The people of the State will not sue a person for or with respect to real •property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless either : 1. The cause of action accrued within forty years before the action is commenced; or, 2. The people, or those from whom they claim, have received the rents and profits of the real property, or of some part thereof, within the same period of time.
Page 130 - 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.

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