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
Results 1-5 of 100
Page 31
... brought on an under- taking for the jail liberties , it is a defence that the prisoner voluntarily returned to the liberties of the jail from which he escaped or was recaptured by , or surrendered to the sheriff from whose custody he ...
... brought on an under- taking for the jail liberties , it is a defence that the prisoner voluntarily returned to the liberties of the jail from which he escaped or was recaptured by , or surrendered to the sheriff from whose custody he ...
Page 63
... brought upon a bond or other contract , the judgment nust be for the sum actually due , without regard to a penalty therein contained ; and , where the money is payable in instal- nents , successive actions may be brought for the ...
... brought upon a bond or other contract , the judgment nust be for the sum actually due , without regard to a penalty therein contained ; and , where the money is payable in instal- nents , successive actions may be brought for the ...
Page 64
... brought in the city court , for the purpose of changing the place of trial thereof . Where an order for removalis made , as prescribed in this section , the place of trial must be changed by the same order to another county , and the ...
... brought in the city court , for the purpose of changing the place of trial thereof . Where an order for removalis made , as prescribed in this section , the place of trial must be changed by the same order to another county , and the ...
Page 65
... brought , to make an order there- in , must be construed as being exclusive of an action brought in the city court . $ 328 . [ Am'd 1891. ] The court has a clerk , who is ap- pointed and may be removed at pleasure , by the justices ...
... brought , to make an order there- in , must be construed as being exclusive of an action brought in the city court . $ 328 . [ Am'd 1891. ] The court has a clerk , who is ap- pointed and may be removed at pleasure , by the justices ...
Page 69
... brought in that court , ex- cept that an objection to the jurisdiction may be taken , which might have been taken in the county court . $ 343 . The supreme court may , by an order , made at any time after joinder of an issue of fact ...
... brought in that court , ex- cept that an objection to the jurisdiction may be taken , which might have been taken in the county court . $ 343 . The supreme court may , by an order , made at any time after joinder of an issue of fact ...
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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...