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The Code of Civil Procedure of the State of New York: Being Chapter 448 of ...
No preview available - 2017
action action or special affidavit allowed answer appeal application appointed arrest attachment attend attorney authorized bail bond brought cause of action certificate chapter claim clerk commenced commissioner complaint contained copy corporation costs damages deemed defendant delivered demand deposit designated direct discharged drawn duties effect entered entitled evidence execution exempt fact filed given granted held holding hundred interest issued jail judge judgment jurisdiction jurors jury justice last section liable manner ment motion necessary notice original otherwise paid party payment person plaintiff pleading possession prescribed prisoner proceed proof proper provision real property reason receive record recover referee relating removed rendered resident respect served sheriff special proceeding specified stenographer summons supreme court taken term therein thereof thereupon tion TITLE trial trial jurors undertaking unless warrant witness written York
Page 235 - 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; The time of such a disability is not a part of the time, limited in this title, for commencing the action...
Page 285 - ... to the effect that they are bound to the defendant in double the value of the property, as stated in the affidavit for the prosecution of the action, for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may from any cause be recovered against the plaintiff...
Page 110 - ... the court or judge directs, to the effect, that the plaintiff will pay to the party enjoined, such damages, not exceeding a sum, specified in the undertaking, as he may sustain by reason of the injunction, if the court finally decides that the plaintiff was not entitled thereto.
Page 83 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Page 66 - For the purpose of constituting an adverse possession, by a constitutes person claiming a title, founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in either of the following cases : 1. Where it has been usually cultivated or improved.
Page 106 - For the purpose of surrendering the defendant, the bail, at any place or at any time before they are finally charged, may themselves arrest him, or by a written authority, indorsed on a certified copy of the undertaking, may empower...
Page 284 - ... 1. If the action be against defendants jointly indebted upon contract, he may proceed against the defendant served,* unless the court otherwise direct, and if he recover judgment, it may be entered against all the defendants thus jointly indebted, so far only as that it may be enforced against the joint property of all, and the separate property of the defendants served, and if they are subject to arrest, against the persons of the defendants served : or, 2.
Page 100 - Upon the application of either party, the court may, and, in a proper case, must, upon such terms as are just, permit him to make a supplemental complaint, answer or reply, alleging material facts which occurred after his former pleading, or of which he was ignorant when it was made ; including the judgment or decree of a competent court, rendered after the commencement of the action, determining the matters in controversy, or a part thereof.
Page 282 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...