The New York Code of Civil Procedure: As Amended To, and Including 1887 ... |
From inside the book
Results 1-5 of 78
Page 15
... jury . An adjournment of a court on Saturday , unless made after a cause has been committed to a jury , must be to some other day than Sunday . But this section does not prevent the exercise of the jurisdiction of a magistrate , where ...
... jury . An adjournment of a court on Saturday , unless made after a cause has been committed to a jury , must be to some other day than Sunday . But this section does not prevent the exercise of the jurisdiction of a magistrate , where ...
Page 15
... jury , all proceedings taken therein until the actual discharge of the jury ; or , if it is tried by the court without a jury , until it is finally submitted for a decision upon the merits . TITLE II . Provisions of general application ...
... jury , all proceedings taken therein until the actual discharge of the jury ; or , if it is tried by the court without a jury , until it is finally submitted for a decision upon the merits . TITLE II . Provisions of general application ...
Page 18
... jury to try the validity of a claim or title to , or of the right of possession of goods or effects , seized by him by virtue of a mandate in an action , interposed by a person not a party to the action , the trial must be conducted in ...
... jury to try the validity of a claim or title to , or of the right of possession of goods or effects , seized by him by virtue of a mandate in an action , interposed by a person not a party to the action , the trial must be conducted in ...
Page 19
... jury of twelve persons , qualified to serve as trial jurors in the county court of the county , or , in the city and county of New York , in the court of common pleas for that city and county , to try the validity of the claim . 2. Upon ...
... jury of twelve persons , qualified to serve as trial jurors in the county court of the county , or , in the city and county of New York , in the court of common pleas for that city and county , to try the validity of the claim . 2. Upon ...
Page 32
... jury , which was upon the calendar of the term before it was adjourned , may be tried at a term so adjourned , and held at chambers , by consent of both parties , but not otherwise . In that case , the attendance of the clerk , the ...
... jury , which was upon the calendar of the term before it was adjourned , may be tried at a term so adjourned , and held at chambers , by consent of both parties , but not otherwise . In that case , the attendance of the clerk , the ...
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.