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 |
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Page v
... writ . 1948-1990 1991-2148 CHAPTER XVII . CERTAIN SPECIAL PROCEEDINGS INSTITUTED WITHOUT WRIT . TITLE I. - Proceedings relating to insolvent debtors and to prisoners . 2149-2230 TITLE II . - Summary proceedings to recover the possession ...
... writ . 1948-1990 1991-2148 CHAPTER XVII . CERTAIN SPECIAL PROCEEDINGS INSTITUTED WITHOUT WRIT . TITLE I. - Proceedings relating to insolvent debtors and to prisoners . 2149-2230 TITLE II . - Summary proceedings to recover the possession ...
Page 5
... writ , except where an attorney , counsellor , or other officer of the court , is ordered to pay costs for misconduct as such , or a witness is ordered to pay costs on an attachment for non - attendance . § 16. Except in a case where it ...
... writ , except where an attorney , counsellor , or other officer of the court , is ordered to pay costs for misconduct as such , or a witness is ordered to pay costs on an attachment for non - attendance . § 16. Except in a case where it ...
Page 6
... writ or other process must be in the name of the people of the State , and each writ , process , record , pleading or other proceeding in a court , or before an officer , must be in the English language , and , unless it is oral , made ...
... writ or other process must be in the name of the people of the State , and each writ , process , record , pleading or other proceeding in a court , or before an officer , must be in the English language , and , unless it is oral , made ...
Page 9
... writ , process , re- cognizance , or other proceeding , civil or criminal , returnable , or to be heard or tried , at that term , is not abated , discon- tinued , or rendered void thereby ; but all persons are bound to appear , and all ...
... writ , process , re- cognizance , or other proceeding , civil or criminal , returnable , or to be heard or tried , at that term , is not abated , discon- tinued , or rendered void thereby ; but all persons are bound to appear , and all ...
Page 102
... writ of inquiry may be issued , as prescribed in chapter eleventh of this act , where the plaintiff applies for judgment . § 516. Where an answer contains new matter , constitu- ting a defence by way of avoidance , the court may , in ...
... writ of inquiry may be issued , as prescribed in chapter eleventh of this act , where the plaintiff applies for judgment . § 516. Where an answer contains new matter , constitu- ting a defence by way of avoidance , the court may , in ...
Contents
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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...