The New York Code of Civil Procedure: In One Volume, Containing All Amendments to and Including the Session of 1899 : with Judiciary Article of Constitution Adopted in 1894 and Annotations and References to the New York Consolidation Act and the Greater New York Charter |
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Page vii
... costs . TITLE II . - Fixing the amount of costs . TITLE III . - Security for costs . TITLE IV . - General provisions relating to fees . TITLE V. - Sums allowed as fees . CHAPTER XXII . DEFINITIONS AND REGULATIONS CONCERNING THE CONSTRUC ...
... costs . TITLE II . - Fixing the amount of costs . TITLE III . - Security for costs . TITLE IV . - General provisions relating to fees . TITLE V. - Sums allowed as fees . CHAPTER XXII . DEFINITIONS AND REGULATIONS CONCERNING THE CONSTRUC ...
Page 5
... costs , awarded other . wise than by a final judgment , or a final order , made in a special proceeding instituted by state writ , except where an attorney , counsellor , or other officer of the court , is ordered to pay costs for ...
... costs , awarded other . wise than by a final judgment , or a final order , made in a special proceeding instituted by state writ , except where an attorney , counsellor , or other officer of the court , is ordered to pay costs for ...
Page 94
... costs are awarded in favor of a person , wno has been admitted to prosecute or defend as a poor person as prescribed in this article , they must be paid over to his attorney , when collected from the adverse party , and dis- tributed ...
... costs are awarded in favor of a person , wno has been admitted to prosecute or defend as a poor person as prescribed in this article , they must be paid over to his attorney , when collected from the adverse party , and dis- tributed ...
Page 106
... costs . 541. Where , however , the allegation to which the proof is directed , is unproved , not in some particular or particulars only , but in its entire scope and meaning , it is not a case of variance , within the last two sections ...
... costs . 541. Where , however , the allegation to which the proof is directed , is unproved , not in some particular or particulars only , but in its entire scope and meaning , it is not a case of variance , within the last two sections ...
Page 119
... costs , which may be recovered by him in the action stayed by the injunction , not exceeding a sum , specified in the undertaking ; and , also , all damages and costs that may be awarded to him , in the action in which the injunction ...
... costs , which may be recovered by him in the action stayed by the injunction , not exceeding a sum , specified in the undertaking ; and , also , all damages and costs that may be awarded to him , in the action in which the injunction ...
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Common terms and phrases
action or special affidavit Am'd amendment to take appeal appellate division application appointed attend attorney awarded cause of action certified chattel claim corporation county clerk county judge county treasurer court of record court or judge creditor debt decedent decree defendant delivered directed discharge discretion duly entitled execution executor or administrator filed final judgment final order granted guardian habeas corpus hundred interest judgment debtor jury justice last section letters letters of administration letters testamentary liable lien ment Misc 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 section two thousand served sheriff special proceeding specified summons supreme court sureties surrogate surrogate's court take effect January term therein thereto thereupon tion trial jurors trustee undertaking writ writ of certiorari
Popular passages
Page 89 - 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 90 - 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 204 - Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced.
Page vii - There shall be an appellate division of the supreme court, consisting of seven justices in the first department, and of five justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision.
Page 89 - 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 41 - Whenever the appellate division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the several departments at a meeting called by the presiding justice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determination.
Page 111 - For the purpose of justification, each of the bail must attend ' ' before the judge, at the time and place mentioned in the notice, and be examined on oath, on the part of the plaintiff, touching his sufficiency, in such manner as the judge, in his discretion, thinks proper. The...
Page 204 - Where an award is vacated and the time within which the agreement required the award to be made has not expired the court may, in its discretion, direct a rehearing by the arbitrators.
Page 74 - An action to redeem real property from a mortgage, with or without an account of rents and profits, may be maintained by the mortgagor, or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises, for twenty years after the breach of a condition of the mortgage, or the non-fulfillment of a covenant therein contained.
Page 121 - ... has removed, or is about to remove property from the state, with intent to defraud his or its creditors; or has assigned, disposed of or secreted, or is about to assign, dispose of or secrete property with the like intent...