The New York Code of Civil Procedure: In One Volume, Containing All Amendments to and Including the Session of 1899 : with Judiciary Article of Constitution Adopted in 1894 and Annotations and References to the New York Consolidation Act and the Greater New York CharterDiossy Law Book Company, 1899 - 957 pages |
From inside the book
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Page v
... APPEALS . TITLE I. - General provisions , relating to the appeals provided for in this chapter . 1293-1323 TITLE IL - Appeal to the court of appeals . TITLE III . - Appeal to the supreme court from an inferior 1324-1339 court . 1340 ...
... APPEALS . TITLE I. - General provisions , relating to the appeals provided for in this chapter . 1293-1323 TITLE IL - Appeal to the court of appeals . TITLE III . - Appeal to the supreme court from an inferior 1324-1339 court . 1340 ...
Page xii
... appeal upon any question of law which , in its opinion , ought to be reviewed by the Court of Appeals . The Legislature may further restrict the jurisdiction of the Court of Appeals and the right of appeal thereto , but the right to appeal ...
... appeal upon any question of law which , in its opinion , ought to be reviewed by the Court of Appeals . The Legislature may further restrict the jurisdiction of the Court of Appeals and the right of appeal thereto , but the right to appeal ...
Page 35
... APPEALS . TITLE II - THE SUPREME COURT , INCLUDING THE CIRCUIT COURTS . TITLE III . - ARTICLE ONE . THE COURT OF ... appeal every actual determination made prior to the last day of December , eighteen hundred and ninety - five , at a ...
... APPEALS . TITLE II - THE SUPREME COURT , INCLUDING THE CIRCUIT COURTS . TITLE III . - ARTICLE ONE . THE COURT OF ... appeal every actual determination made prior to the last day of December , eighteen hundred and ninety - five , at a ...
Page 36
... appeals , in which case the appeal brings up for review the question or questions so certified , and no other ; and the court of appeals shall certify to the appellate division its determination upon such questions . 75 N. Y. 156 ...
... appeals , in which case the appeal brings up for review the question or questions so certified , and no other ; and the court of appeals shall certify to the appellate division its determination upon such questions . 75 N. Y. 156 ...
Page 37
... appeals , or unless in case of its refusal to so certify , an appeal is allowed by a judge of the court of appeals . 3. The jurisdiction of the court is limited to a review of questions of law . 150 N. Y. 547 . 4. No unanimous decision ...
... appeals , or unless in case of its refusal to so certify , an appeal is allowed by a judge of the court of appeals . 3. The jurisdiction of the court is limited to a review of questions of law . 150 N. Y. 547 . 4. No unanimous decision ...
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Common terms and phrases
action or special affidavit Am'd amendment to take appeal appellate division application appointed attend attorney awarded cause of action certified chattel claim corporation county clerk county judge county treasurer court of record court or judge creditor debt decedent decree defendant delivered directed discharge discretion duly entitled execution executor or administrator filed final judgment final order granted guardian habeas corpus hundred interest judgment debtor jury justice last section letters letters of administration letters testamentary liable lien ment Misc mortgage notice otherwise paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section prisoner proof provisions real property recover referee rendered resident section two thousand served sheriff special proceeding specified summons supreme court sureties surrogate surrogate's court take effect January term therein thereto thereupon tion trial jurors trustee undertaking writ writ of certiorari
Popular passages
Page 89 - 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.
Page 90 - 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 204 - 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.
Page vii - There shall be an appellate division of the supreme court, consisting of seven justices in the first department, and of five justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision.
Page 89 - 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 41 - Whenever the appellate division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the several departments at a meeting called by the presiding justice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determination.
Page 111 - 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 204 - Where an award is vacated and the time within which the agreement required the award to be made has not expired the court may, in its discretion, direct a rehearing by the arbitrators.
Page 74 - 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 121 - ... has removed, or is about to remove property from the state, with intent to defraud his or its creditors; or has assigned, disposed of or secreted, or is about to assign, dispose of or secrete property with the like intent...