The New York Code of Civil Procedure ... Containing All Amendments to and Including the Session of 1893. With Annotations and References to the New York Consolidation ActDiossy, 1893 - 801 pages |
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Results 1-5 of 80
Page 81
... award , or other determination thereupon , the agreement or submission is revoked , so as to render it ineffectual , by the death of either party thereto , or by the act of the person against whom the action might have been brought ; or ...
... award , or other determination thereupon , the agreement or submission is revoked , so as to render it ineffectual , by the death of either party thereto , or by the act of the person against whom the action might have been brought ; or ...
Page 144
... awarded to him on the trial , they must be assessed accordingly . § 737. [ Am'd 1877. ] If the plaintiff does not accept the offer , he can not prove it , upon the trial . But if the damages , awarded to him , do not exceed the sum ...
... awarded to him on the trial , they must be assessed accordingly . § 737. [ Am'd 1877. ] If the plaintiff does not accept the offer , he can not prove it , upon the trial . But if the damages , awarded to him , do not exceed the sum ...
Page 151
... awarded by an order , have not been collected when final judgment is entered , they may be taxed as part of the costs of the action or set off against costs awarded to the adverse party , as the case requires . But nothing herein ...
... awarded by an order , have not been collected when final judgment is entered , they may be taxed as part of the costs of the action or set off against costs awarded to the adverse party , as the case requires . But nothing herein ...
Page 199
... award costs , and otherwise to dispose of any question , arising upon the decision of the issue referred to him . The powers , conferred by this section , are exercised in like manner , and upon like terms , as similar pow- ers are ...
... award costs , and otherwise to dispose of any question , arising upon the decision of the issue referred to him . The powers , conferred by this section , are exercised in like manner , and upon like terms , as similar pow- ers are ...
Page 200
... awarded as single damages , and direct judgment for the increased dam- ages . § 1021. [ Am'd 1879. ] The decision of the ... award or deny costs ; 132 N.Y.488 . and , if it awards costs , it must designate the party to whom costs , to be ...
... awarded as single damages , and direct judgment for the increased dam- ages . § 1021. [ Am'd 1879. ] The decision of the ... award or deny costs ; 132 N.Y.488 . and , if it awards costs , it must designate the party to whom costs , to be ...
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Common terms and phrases
action brought action or special adverse party affidavit Am'd appeal application appointed attend attorney awarded bail cause of action certified chattel clerk commenced corporation costs county clerk county judge county treasurer court of record court or judge creditor damages debt decedent decree deemed defendant delivered deposit direct discharge discretion duly entitled execution executor or administrator filed final judgment granted guardian habeas corpus hundred interest judgment debtor jurisdiction jury justice last section letters of administration letters testamentary liable ment N. Y. State Rep notice otherwise paid payment personal property petition petitioner plaintiff pleading prescribed by law prescribed in section proof provisions real property recover referee rendered resident served sheriff special proceeding specified summons supreme court sureties surrogate surrogate's court taken term therein thereto thereupon tion trial jurors trustee undertaking unless warrant of attachment writ
Popular passages
Page 93 - 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 trustee of an express trust, within the meaning of this section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another.
Page 94 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Page 79 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item, proved in the account on either side.
Page 108 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the court may order the pleading to be amended, upon such terms as may be just.
Page 76 - ... 1. Where it has been usually cultivated or improved. 2. Where it has been protected by a substantial inclosure. 3. Where, although not inclosed, it has been used for the supply of fuel, or of fencing timber, either for the purposes of husbandry, or for the ordinary use of the occupant.
Page 261 - 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 offence for a term less than for life ; or, 4. A married woman, — The time, during which such disability...
Page 125 - Where the defendant is either a foreign corporation or not a resident of the state; or, 7. If he is a natural person and a resident of the state, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent; or, 8.
Page 115 - For the purpose of justification, each of the bail must attend before the judge, at the time and place mentioned in the notice^ and be examined on oath, on the part of the plaintiff, touching his sufficiency, in such manner as the judge, in his discretion, thinks proper. The...
Page 101 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief; 2.
Page 164 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...