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The District Courts in the City of New York: Their Organization ...
George Frederick Langbein
No preview available - 2016
The District Courts in the City of New-York: Their Organization ...
George Frederick Langbein
No preview available - 2018
action adjournment affidavit alleged allowed amended amount answer appeal application appointed arrest attachment attorney authorized Barb bond brought cause city and county claim clerk Code commenced commission Common Pleas complaint constable copy costs damages Dated default defendant demand deposition direct District Court dollars duty E. D. Smith election entered entitled evidence examined execution exempt facts fees filed give given ground held Hilt hold hundred issue Johns judge judgment Judicial District June jurisdiction jury justice justice's Laws manner marshal ment motion necessary Notes notice objection obtained party passed person plaintiff pleadings possession proceedings proof proved question reason received recover relating rendered residence reversed rule served statute sufficient suit summons sureties taken term therein thereof tion trial undertaking unless warrant Wend witness York
Page 231 - Words used in this Code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word "person...
Page 38 - When the defendant excepts, the sureties shall justify on notice, in like manner as upon bail on arrest. And the sheriff shall be responsible for the sufficiency of the sureties until the objection to them is either waived, as above provided, or until they shall justify, or new sureties shall be substituted and justify.
Page 60 - ... or by a fine of not less than one hundred dollars, or more than two hundred and fifty dollars, or by both such fine and imprisonment.
Page 78 - When the defendant has been guilty of a fraud, in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention, or conversion of which the action is brought : 5.
Page 39 - ... if they or others in their place, fail to justify, at the time and place appointed, he shall deliver the property to the plaintiff.
Page 106 - ... in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Page 33 - Where the payments are to be made by installments, an action may be brought for each installment as it becomes due.
Page 78 - In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied, or converted to his own use, by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity; or for misconduct or neglect in office, or in a professional employment, or for a willful violation of duty; 3.
Page 37 - That the plaintiff is the owner of the property claimed (particularly describing it), or is entitled to the possession thereof; 2. That the property is wrongfully detained by the defendant; 3. The alleged cause of the detention thereof, according to his best knowledge, information, and belief; 4.