The New York Code of Civil Procedure: Containing All Amendments to June 1, 1904, with Notes of Decisions to Date : Also the State Constitution, General Rules of Practice and Municipal Court Act of New York CityH.B. Parsons, 1904 - 1544 pages |
From inside the book
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Page 31
... 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 90
... Appeals shall be placed on the calendar , according to the date of the service of the notice of appeal ; and all subsequent enumerated appeals in the same cause shall be put on the calendar as of the date of the first appeal ; and other ...
... Appeals shall be placed on the calendar , according to the date of the service of the notice of appeal ; and all subsequent enumerated appeals in the same cause shall be put on the calendar as of the date of the first appeal ; and other ...
Page 91
... appeal , by appel- lant ; printed copies of case and points ; appeals from non - enumerated motions ; delegation of powers . In all cases to be heard in the Appellate Division , except ap- peals from non - enumerated motions , the ...
... appeal , by appel- lant ; printed copies of case and points ; appeals from non - enumerated motions ; delegation of powers . In all cases to be heard in the Appellate Division , except ap- peals from non - enumerated motions , the ...
Page 92
... appeal , or for a judgment in his favor , as the case may be . The papers in all appeals from non - enumerated motions shall consist of printed copies of the papers which were used in the court below , and are specified in the order ...
... appeal , or for a judgment in his favor , as the case may be . The papers in all appeals from non - enumerated motions shall consist of printed copies of the papers which were used in the court below , and are specified in the order ...
Page 50
... appeals . From and after the last day of December , eighteen hun- dred and ninety - five , the jurisdiction of the court of appeals shall , in civil actions and proceedings , be confined to the review upon appeal of the actual ...
... appeals . From and after the last day of December , eighteen hun- dred and ninety - five , the jurisdiction of the court of appeals shall , in civil actions and proceedings , be confined to the review upon appeal of the actual ...
Common terms and phrases
action or special affidavit Am'd appeal appellate division application appointed arrest attorney awarded bond cause of action certified chattel claim clerk commissioner copy corporation county clerk county judge county treasurer court of record court or judge creditor debt decedent decree defendant delivered deposit direct discharge duly effect Sept entitled execution executor or administrator filed final judgment granted guardian habeas corpus infant interest judgment debtor jurisdiction jury justice last section letters letters of administration letters testamentary liability lien ment mortgage motion notice otherwise 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 taken term testamentary therein thereof thereto thereupon tion trial jurors trustee undertaking unless warrant writ
Popular passages
Page 122 - 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 14 - But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 32 - In addition to the above limited power to contract debts, the State may contract debts to repel invasion, suppress insurrection, or defend the State in war; but the money arising from the contracting of such debts shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever.
Page 28 - ... evidence; and no person Shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold...
Page 16 - ... in any such prison, penitentiary, jail or reformatory, shall be required or allowed to work, while under sentence thereto, at any trade, industry or occupation, wherein or whereby his work, or the product or profit of his work, shall be farmed out, contracted, given or sold to any person, firm, association or corporation. This section shall not be construed to prevent the Legislature from providing that convicts may work for, and that the products of their labor may be disposed of to, the State...
Page 32 - The State may, to meet casual deficits or failures in revenues, or for expenses not provided for, contract debts, but such debts, direct or contingent, singly or in the aggregate, shall not at any time exceed one million of dollars; and the moneys arising from the loans creating such debts shall be applied to the purpose for which they were obtained, or to repay the debt so contracted, and to no other purpose whatever.
Page 18 - The lieutenant-governor shall possess the same qualifications of eligibility for office as the governor. He shall be president of the senate, but shall have only a casting vote therein. If during a vacancy of the office of governor, the lieutenant-governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or...
Page 28 - The Assembly shall have the power of impeachment, by a vote of a majority of all the members elected. The Court for the Trial of Impeachments shall be composed of the President of the Senate, the Senators, or the major part of them, and the judges of the Court of Appeals, or the major part of them.
Page 22 - All offices for the weighing, gauging, measuring, culling or inspecting any merchandise, produce, manufacture or commodity whatever, are hereby abolished; and no such office shall hereafter be created by law; but nothing in this section contained shall abrogate any office created for the purpose of protecting the public health or the interests of the State in its property, revenue, tolls or purchases, or of supplying the people with correct standards of weights and measures, or shall prevent the...