The New York Code of Civil Procedure, as Amended To, and Including, 1889: Twenty-two Chapters Complete in One Volume : with References to Code Decisions to July 1, 1889S.S. Peloubet, 1889 - 702 pages |
From inside the book
Results 1-5 of 88
Page 10
... given , as prescribed in this section , the officer substituted as prescribed in the last section , or in any other provision of law , to continue a special proceeding instituted before another , may act , with respect to the special ...
... given , as prescribed in this section , the officer substituted as prescribed in the last section , or in any other provision of law , to continue a special proceeding instituted before another , may act , with respect to the special ...
Page 17
... given to the sheriff of Kings county , by the clerk of the court . The sheriff must thereupon appoint as many qualified persons , to fill those offices for each court , as the judges thereof have designated . The number of those ...
... given to the sheriff of Kings county , by the clerk of the court . The sheriff must thereupon appoint as many qualified persons , to fill those offices for each court , as the judges thereof have designated . The number of those ...
Page 26
... given for the liberties of a jail may surrender the principal at any time before judgment is rendered against them in an action on the undertaking , but they are not exonerated thereby from a liability incurred before mak- ng the ...
... given for the liberties of a jail may surrender the principal at any time before judgment is rendered against them in an action on the undertaking , but they are not exonerated thereby from a liability incurred before mak- ng the ...
Page 27
... given to the prisoner and his sureties , to enable them to defend the same , the judgment against the sheriff is conclusive evidence of his right to recover against the prisoner and his sureties , to whom the notice was given , as to ...
... given to the prisoner and his sureties , to enable them to defend the same , the judgment against the sheriff is conclusive evidence of his right to recover against the prisoner and his sureties , to whom the notice was given , as to ...
Page 29
... given must be in all respects simi- lar to that required to be given to a sheriff , and it has the like effect , and may be assigned and proceeded upon in like manner . 181. A coroner is answerable for an escape of a prisoner , admitted ...
... given must be in all respects simi- lar to that required to be given to a sheriff , and it has the like effect , and may be assigned and proceeded upon in like manner . 181. A coroner is answerable for an escape of a prisoner , admitted ...
Other editions - View all
The New York Code of Civil Procedure, as Amended To, and Including, 1889 ... New York,Charles David Rust No preview available - 2015 |
Common terms and phrases
9 Civ action brought action or special affidavit am'd appeal application appointed attend attorney awarded cause of action certified chattel corporation costs county clerk county treasurer court of record court or judge creditor decedent decree defendant delivered directed discharge discretion docket dollars effect entitled execution executor or administrator fees filed final judgment final order granted guardian habeas corpus hundred interest issue of fact joinder of issue judgment debtor judgment or order judgment-roll jurisdiction jury justice last section letters testamentary liable lien ment mortgage notice otherwise paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section proof provision real property recover referee rendered resident served sheriff special proceeding specified subd summons Super supreme court sureties surrogate surrogate's court taken term therein thereto thereupon tion trial jurors undertaking virtue warrant of attachment writ
Popular passages
Page 81 - 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 81 - 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 89 - 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 433 - 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. (4) 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 127 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 127 - ... 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 67 - An action to redeem real property from a mortgage, with or without an account of rents and profits, may be maintained by the mortgagor, or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises, for twenty years after the breach of a condition of the mortgage, or the non-fulfillment of a covenant therein contained.
Page 125 - When .it is admitted by the pleading or examination of a party, that he has in his possession, or under his control, any money or other thing capable of delivery, which, being the subject of the...
Page 233 - If the person against whom the judgment is rendered is, at the time of filing the judgment-roll, either 1. Within the age of twenty-one years; or 2. Insane; or 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life; the time of such a disability is not a part of the time limited...
Page 230 - If the judgment to be confessed is for money due or to become due, it must state concisely the facts, out of which the debt arose ; and must show, that the sum confessed therefor is justly due, or to become due.