The New York Code of Civil Procedure ...S.S. Peloubet, 1894 - 655 pages |
From inside the book
Results 1-5 of 84
Page 28
... Judgment against sheriff to be , 167 . evidence against sureties , etc. 162. Summary judgment for sheriff . 163. Requisites of applications there- for . 164. Such judgment ance . Id .; damages recoverable . Such action bars action ...
... Judgment against sheriff to be , 167 . evidence against sureties , etc. 162. Summary judgment for sheriff . 163. Requisites of applications there- for . 164. Such judgment ance . Id .; damages recoverable . Such action bars action ...
Page 90
... judgment does not prejudice the defendant's right to recover , from an- other person , so much thereof as the judgment does not cancel . § 504 In a case not specified in the last section , where a counterclaim is established , which ...
... judgment does not prejudice the defendant's right to recover , from an- other person , so much thereof as the judgment does not cancel . § 504 In a case not specified in the last section , where a counterclaim is established , which ...
Page 97
... judgment for the defend- ant is not a bar to a new action to recover upon the contract only . 550. [ am'd 1877 , 1879 , 1886. ] A defendant may also be arrested in an action wherein the judgment demanded requires the performance of an ...
... judgment for the defend- ant is not a bar to a new action to recover upon the contract only . 550. [ am'd 1877 , 1879 , 1886. ] A defendant may also be arrested in an action wherein the judgment demanded requires the performance of an ...
Page 122
... JUDGMENT ; RIGHTS OF PARTIES AND DUTIES OF THE SHERIFF , AFTER THE WARRANT IS VACATED OR ANNULLED , OR THE ATTACHMENT DISCHARGED . 706. Execution to issue to sheriff who has levied . 707. Only attached property bound when summons not ...
... JUDGMENT ; RIGHTS OF PARTIES AND DUTIES OF THE SHERIFF , AFTER THE WARRANT IS VACATED OR ANNULLED , OR THE ATTACHMENT DISCHARGED . 706. Execution to issue to sheriff who has levied . 707. Only attached property bound when summons not ...
Page 179
... judgment for the increased damages . S§ 1021. [ am'd 1879. ] The decision of the court , or the report of a referee upon the trial of a demurrer , must direct the final or interlocutory judgment to be entered thereupon . Where it ...
... judgment for the increased damages . S§ 1021. [ am'd 1879. ] The decision of the court , or the report of a referee upon the trial of a demurrer , must direct the final or interlocutory judgment to be entered thereupon . Where it ...
Common terms and phrases
14 Daly 51 Super 9 Civ action brought action or special affidavit am'd appeal application appointed attend attorney awarded cause of action certified chattel citation clerk copy corporation costs county clerk county judge county treasurer court of record court or judge creditor debt decedent decree defendant delivered direct discharge discretion docket duly effect entitled execution executor or administrator filed final judgment final order granted guardian hundred interest joinder of issue judgment debtor jurisdiction jury justice last section letters testamentary liable lien mortgage notice otherwise paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section proof provisions real property recover referee rendered resident served sheriff special proceeding specified subd summons supreme court sureties surrogate surrogate's court term therein thereof thereto thereupon tion trial jurors trustee undertaking warrant of attachment writ
Popular passages
Page 54 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 66 - In pleading a judgment or other determination of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction ; but the judgment or determination may be stated to have been duly given or made.
Page 101 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 6 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 123 - ... until he submits to do the act which he was so required to do or is discharged according to law.
Page 83 - That the defendant is either a foreign corporation or not a resident of the State ; or, if he is a natural person and a resident of the Srate, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...
Page 40 - If a person entitled to commence an action for the recovery of real property, or to make an entry or defense founded on the title to real property, or to rents or services out of the same, be at the time such title shall first descend or accrue, either: 1.
Page 142 - ... 1. For the recovery of a penalty or forfeiture imposed by statute; except, that when it is imposed for an offense committed on a lake, river, or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream, and opposite to the place where the offense was committed; 2.
Page 53 - ... 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 28 - ... a question of law is involved which ought to be reviewed by the court of appeals.