The New York Code of Civil Procedure, in One Volume, Containing All Amendments to and Including the Session of 1894: With Annotations and References to the New York Consolidation Act |
From inside the book
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Page vi
... trustee . TITLE VII . - Provisions relating to a.guardian . CHAPTER XIX . COURTS OF JUSTICES OF THE PEACE , AND PROCEEDINGS 2472-251 2515-261 2611-270 2706-274 2749-280 2802-282 2821-280 THEREIN . TITLE I. - Jurisdiction and general ...
... trustee . TITLE VII . - Provisions relating to a.guardian . CHAPTER XIX . COURTS OF JUSTICES OF THE PEACE , AND PROCEEDINGS 2472-251 2515-261 2611-270 2706-274 2749-280 2802-282 2821-280 THEREIN . TITLE I. - Jurisdiction and general ...
Page 77
... trustee of an insolvent debtor , appointed , as prescribed by law , in a special proceeding , instituted in a court or before a judge , brought to recover a chattel , or dam- ages for taking , detaining , or injuring personal property ...
... trustee of an insolvent debtor , appointed , as prescribed by law , in a special proceeding , instituted in a court or before a judge , brought to recover a chattel , or dam- ages for taking , detaining , or injuring personal property ...
Page 81
... trustee , attorney , or other erson acting in a fiduciary capacity , the time must be com- uted from the time , when the person , having the right to aake the demand , has actual knowledge of the facts , upon which that right depends ...
... trustee , attorney , or other erson acting in a fiduciary capacity , the time must be com- uted from the time , when the person , having the right to aake the demand , has actual knowledge of the facts , upon which that right depends ...
Page 90
... Trustee of express trust , etc. , may sue without per- beneficially inter- son ested . 2450. When married woman is a party . 451. When defendant or his his name is unknown . 452. When court to decide con troversy , or to order other ...
... Trustee of express trust , etc. , may sue without per- beneficially inter- son ested . 2450. When married woman is a party . 451. When defendant or his his name is unknown . 452. When court to decide con troversy , or to order other ...
Page 91
... trustee of an express trust , or a per- Son 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 ...
... trustee of an express trust , or a per- Son 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 ...
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Other editions - View all
The New York Code of Civil Procedure, in One Volume, Containing All ... New York (State),Morris Cooper No preview available - 1894 |
The New York Code of Civil Procedure: In One Volume, Containing All ... Morris Cooper No preview available - 2017 |
Common terms and phrases
action brought action or special affidavit Am'd appeal application appointed attend attorney awarded cause of action certified chattel copy corporation costs county clerk county treasurer court of record court or judge creditor debt decedent decree deemed defendant delivered direct discharge discretion docket dollars duly entitled execution executor or administrator fees filed final judgment final order granted guardian habeas corpus hundred interest joinder of issue judgment debtor jurisdiction jury justice last section letters testamentary liable lien ment N. Y. State Rep notice otherwise paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section prisoner proof provisions pursuant real property recover referee rendered resident served sheriff special proceeding specified subdivision summons supreme court sureties surrogate surrogate's court taken term therein thereof thereto thereupon tion trial jurors trustee undertaking warrant of attachment writ
Popular passages
Page 77 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item, proved in the account on either side.
Page 90 - ... any money, thing in action or other property held in trust for a judgment debtor, where the trust has been created by, or the fund so held in trust has proceeded from, a person other than the judgment debtor...
Page 75 - 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 offense, for a term less than for life.
Page 106 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the Court may order the pleading to be amended, upon such terms as may be Just.
Page 106 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Page 238 - To open, vacate, modify, or set aside, or to enter, as of a former time, a decree or order of his court ; or to grant a new trial or a new hearing for fraud, newly discovered evidence, clerical error, or other sufficient cause.
Page 107 - And when the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain, by amendment.
Page 79 - ... commencing an action, when the summons is served on him or on a co-defendant who is a joint contractor or otherwise united in interest with him.
Page 374 - Where part of the excess is not due from the plaintiff, the judgment does not prejudice the defendant's right to recover, from another person, so much thereof as the judgment does not cancel.
Page 74 - ... there has been a continued occupation and possession of the premises, included in the instrument, decree, or judgment, or of some part thereof, for twenty years, under the same claim ; the premises so included are deemed to have been held adversely...