The Code of Civil Procedure of the State of New York: Reported Complete by the Commissioners on Practice and Pleading, Volume 2 |
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Page xliii
... residence of the parties · 253 619. Action may be tried in any county , unless de- fendant demand trial in proper county 253 620. Place of trial may be changed in certain cases 253 TITLE V. Of the manner of commencing civil actions ...
... residence of the parties · 253 619. Action may be tried in any county , unless de- fendant demand trial in proper county 253 620. Place of trial may be changed in certain cases 253 TITLE V. Of the manner of commencing civil actions ...
Page xlviii
... resident or absconding or concealed defend- ants may be attached , 301 301 302 302 · 302 724. Order for attachment , by whom granted , 725. In what cases order may be granted , 303 303 726. Security in obtaining order , 303 727. Order ...
... resident or absconding or concealed defend- ants may be attached , 301 301 302 302 · 302 724. Order for attachment , by whom granted , 725. In what cases order may be granted , 303 303 726. Security in obtaining order , 303 727. Order ...
Page lxii
... make return , 457 457 1082. Plaintiff not a resident must give security , 1083. Security taken by a constable , its avails how 458 disposed of , 458 Pleadings and trial , ARTICLE II . SECTION 1084. When LXII TABLE OF CONTENTS .
... make return , 457 457 1082. Plaintiff not a resident must give security , 1083. Security taken by a constable , its avails how 458 disposed of , 458 Pleadings and trial , ARTICLE II . SECTION 1084. When LXII TABLE OF CONTENTS .
Page 76
... residence , is found therein , 1. For the recovery of a forfeiture or penalty given by statute : 2. Against a public officer or person specially ap- pointed to execute his duties , for an act done by him . in virtue of his office , or ...
... residence , is found therein , 1. For the recovery of a forfeiture or penalty given by statute : 2. Against a public officer or person specially ap- pointed to execute his duties , for an act done by him . in virtue of his office , or ...
Page 77
... residence of the plain- tiff or defendant . 2. If the defendant have absconded from his resi- dence , in a court held in the town or city in which he or his property may be : 3. If the plaintiff or defendant do not reside in the county ...
... residence of the plain- tiff or defendant . 2. If the defendant have absconded from his resi- dence , in a court held in the town or city in which he or his property may be : 3. If the plaintiff or defendant do not reside in the county ...
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Common terms and phrases
action or proceeding affidavit Amended Code appointed arrest ARTICLE attend bail ballots cause of action CHAPTER city and county city court city of New-York civil action commenced Commissioners common pleas constitution county clerk county court county jail county judge county of New-York county treasurer court of appeals court of chancery court of common court of oyer court of sessions COURTS OF JUSTICE courts of record defendant deliver district drawn elected execution filed grand jury hearing and determination held holding the court jail liberties judicial officer jurisdiction conferred jurors jury box last section manner marine court oyer and terminer party person places of holding plaintiff pleading police courts prescribed prisoner provided in section public offences real property reside sheriff special and trial special proceeding special statutes special terms superior court supreme court sureties surrogate surrogate's court terms and circuits thereof thereto tion trial jury list trial terms
Popular passages
Page 267 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. § 1 50. The counterclaim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action...
Page 250 - 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 304 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover 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 arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 249 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 706 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Page 386 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 706 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be, between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement, other than the contents of the writing, except in the following cases : 1.
Page 4 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 252 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2.
Page 281 - ... 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...