The New York Code of Civil Procedure: As Amended To, and Including 1887 ... |
From inside the book
Results 1-5 of 77
Page 27
... brought on an undertaking for the jail liberties , it is a defence that the prisoner voluntarily returned to the liberties of the jail from which he escaped or was recaptured by , or surren- dered to the sheriff from whose custody he ...
... brought on an undertaking for the jail liberties , it is a defence that the prisoner voluntarily returned to the liberties of the jail from which he escaped or was recaptured by , or surren- dered to the sheriff from whose custody he ...
Page 28
... brought by a sheriff on an under . taking for the jail liberties , a judgment against him for the escape of the ... brought as provided in the three last sections , the defendant may make any defense which he might make if the action was ...
... brought by a sheriff on an under . taking for the jail liberties , a judgment against him for the escape of the ... brought as provided in the three last sections , the defendant may make any defense which he might make if the action was ...
Page 32
... brought by a resident of the city wherein the court is located , against a natural person , who is not a resident of the State . 7. To an action brought by a resident of that city against a foreign cor- poration , either ( one ) to ...
... brought by a resident of the city wherein the court is located , against a natural person , who is not a resident of the State . 7. To an action brought by a resident of that city against a foreign cor- poration , either ( one ) to ...
Page 32
... brought . § 266. The jurisdiction of a superior city court , in an action or a special proceeding brought therein , must always be presumed . It is not neces- sary to set forth in a complaint in such an action , or in the petition or ...
... brought . § 266. The jurisdiction of a superior city court , in an action or a special proceeding brought therein , must always be presumed . It is not neces- sary to set forth in a complaint in such an action , or in the petition or ...
Page 32
... brought in the supreme court . § 270. An order for the removal of an action or special proceeding , as prescribed in the last section , can be made only upon notice , and by a spe cial term of the supreme court , where the motion might ...
... brought in the supreme court . § 270. An order for the removal of an action or special proceeding , as prescribed in the last section , can be made only upon notice , and by a spe cial term of the supreme court , where the motion might ...
Common terms and phrases
9 Civ action brought action or special affidavit am'd appeal application appointed attend attorney awarded bond cause of action certified chattel citation copy corporation costs county clerk county treasurer court of record court or judge creditor damages debt decedent decree defendant delivered deposit directed discharge discretion docket dower effect entitled execution executor or administrator fees filed final judgment final order granted guardian habeas corpus hundred infant interest issue of fact 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 prisoner proof provisions real property recover referee rendered resident served sheriff special proceeding specified subpoena summons supreme court sureties surrogate surrogate's court taken term testamentary therein thereof thereto thereupon tion trial jurors trustee undertaking warrant of attachment writ
Popular passages
Page 79 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 127 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 79 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 87 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 111 - If he is a natural person and a resident of the state, 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; or, 8.
Page 80 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Page 127 - ... 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 87 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defence or counterclaim, in ordinary and concise language, without repetition.
Page 433 - Where there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing, or property, referred to in the award 'i.
Page 69 - Where a person is disabled to sue in the courts of the State, by reason of either party being an alien subject or citizen of a country at war with the United States, the time of the continuance of the disability is not a part of the time limited for the commencement of the action.