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 PracticeBanks, 1903 - 1539 pages |
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Page 55
... Proc . part of 88 11 and 12 . See rule 16 ( Ct . App . ) . See § 1339 . § 195. Second and subsequent appeals . Upon a second and each subsequent appeal , including a case where a former appeal has been dismissed for a defect or ...
... Proc . part of 88 11 and 12 . See rule 16 ( Ct . App . ) . See § 1339 . § 195. Second and subsequent appeals . Upon a second and each subsequent appeal , including a case where a former appeal has been dismissed for a defect or ...
Page 94
... Proc . part of § 31 , as amended by ch . 431 of 1876 , § 4 , and ch . 470 1847 , part of § 24 . Am'd by ch . 416 of 1877 . § 356. Notice of appointment to be published . Each appointment , made as prescribed in the last section , must ...
... Proc . part of § 31 , as amended by ch . 431 of 1876 , § 4 , and ch . 470 1847 , part of § 24 . Am'd by ch . 416 of 1877 . § 356. Notice of appointment to be published . Each appointment , made as prescribed in the last section , must ...
Page 97
... Proc . § 77 . " Action " includes " ' special proceeding " ; see § 414 . “ Action of ejectment , " see § 3343 , sub . 20 . § 365. Seizin within twenty years , when necessary , etc. An action to recover real property , or the possession ...
... Proc . § 77 . " Action " includes " ' special proceeding " ; see § 414 . “ Action of ejectment , " see § 3343 , sub . 20 . § 365. Seizin within twenty years , when necessary , etc. An action to recover real property , or the possession ...
Page 98
... Proc . § 83 . § 371. Adverse possession under claim of title not writ- ten . Where there has been an actual continued occupation of premises , under a claim of title , exclusive of any other right , but not founded upon a written ...
... Proc . § 83 . § 371. Adverse possession under claim of title not writ- ten . Where there has been an actual continued occupation of premises , under a claim of title , exclusive of any other right , but not founded upon a written ...
Page 101
... Proc . § 74 ; id . , § 89 . 64 " Action " includes special proceeding " ; see § 414 . § 381. Within twenty years . Within twenty years : An action upon a sealed instrument . But where the action is brought for breach of a covenant of ...
... Proc . § 74 ; id . , § 89 . 64 " Action " includes special proceeding " ; see § 414 . § 381. Within twenty years . Within twenty years : An action upon a sealed instrument . But where the action is brought for breach of a covenant of ...
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Common terms and phrases
action brought action or special Added by ch adverse party affidavit Am'd by ch appellate division application appointed attend attorney bail ballots cause of action certified chattel claim commencement commissioner of jurors complaint corporation counter-claim county clerk county judge county treasurer court of record court or judge creditor damages deemed defendant delivered deposition direct discharge docket duties effect entitled execution exempt filed final judgment granted habeas corpus hundred interest issue of fact jail judgment debtor jury justice Kings county last section liable lien ment motion notice notified officer paid payment plaintiff pleading prescribed by law prescribed in section prisoner Proc proof provisions real property recover referee rendered Repealed by ch residence served sheriff special proceeding specified stenographer summons supreme court sureties taken term therein thereto thereupon tion trial jurors undertaking writ York
Popular passages
Page 114 - 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 115 - 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 837 - ... 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 413 - Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life ; or 4.
Page 149 - ... 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 526 - ... 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 644 - 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 136 - 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 90 - 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 124 - 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.