Parker's Pocket Code of Civil Procedure: The New York Code of Civil Procedure Containing All Amendments of 1904, with Numerous Notes of Reference, Together with Notes of Leading Cases Construing the Code and Constitutional and Statutory Provisions Relating to PracticeBanks, 1904 - 1540 pages |
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Common terms and phrases
action brought action or special affidavit Am'd by ch appeal appellate division application appointed arrest attend attorney awarded bond cause of action certified chattel claim clerk commissioner copy corporation costs county clerk county judge county treasurer court of record court or judge creditor damages debt decedent decree defendant delivered deposit direct discharge discretion docket duly effect Sept entitled execution executor or administrator filed final judgment final order granted guardian habeas corpus interest judgment debtor jury justice last section letters of administration letters testamentary liable lien notice paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section prisoner Proc proof provisions real property recover referee rendered resident served sheriff special proceeding specified summons supreme court sureties surrogate surrogate's court term therein thereof thereto thereupon tion trial jurors trustee undertaking writ
Popular passages
Page 138 - 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 123 - 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 124 - 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 655 - Where 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 8 - A court of record has power to punish for a criminal contempt,' a person guilty of either of the following acts, and no others: 1. Disorderly, contemptuous, or insolent behavior, committed during its sitting, in its immediate view and presence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority.
Page 655 - 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 145 - 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 422 - Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life.
Page 114 - Judgment may be taken without application to the court, where the complaint sets forth one or more causes of action, each consisting of the breach of an express contract to pay, absolutely or upon a contingency, a sum or sums of money, fixed by the terms of the contract, or capable of being ascertained therefrom, by computation only...
Page 154 - ... will pay all costs which may be awarded to the defendant, and all damages which he may sustain by reason of the arrest...