The Code of Civil Procedure of the State of New York: Enacted 1876 and Amended 1877 ; with Notes and References by William Wait |
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Page 46
... debtor to the liberties . People v . Cowles , 3 Abb . Ct . App . 507 ; S. C. , 4 Keyes , 481 . § 158. Where a ... judgment , the sheriff is answerable to the extent of the damages sus- tained by the plaintiff . 2. If the prisoner was in ...
... debtor to the liberties . People v . Cowles , 3 Abb . Ct . App . 507 ; S. C. , 4 Keyes , 481 . § 158. Where a ... judgment , the sheriff is answerable to the extent of the damages sus- tained by the plaintiff . 2. If the prisoner was in ...
Page 58
... judgment , Hanover Fire Ins . Co. v . Tomlinson , 58 N. Y. ( 13 Sick . ) 215 ; an order denying a motion for a re ... creditor a fund held for the debtor , may maintain an ap- peal therefrom . Locke v . Mabbett , 2 Keyes , 457 ; S. C. ...
... judgment , Hanover Fire Ins . Co. v . Tomlinson , 58 N. Y. ( 13 Sick . ) 215 ; an order denying a motion for a re ... creditor a fund held for the debtor , may maintain an ap- peal therefrom . Locke v . Mabbett , 2 Keyes , 457 ; S. C. ...
Page 117
... judgment , other than for a sum of money , on the ground of fraud , in a ... judgment or decree , rendered in a court not of record , except a decree heretofore ... debtor , appointed , as prescribed by law , in a special proceeding ...
... judgment , other than for a sum of money , on the ground of fraud , in a ... judgment or decree , rendered in a court not of record , except a decree heretofore ... debtor , appointed , as prescribed by law , in a special proceeding ...
Page 122
... judgment debtor is summoned to show cause why he should not be bound by the judgment rendered on contract , he cannot set up as a defense to the original cause of action the statute of limitations . Gibson v . Van Derzee , 14 Abb ...
... judgment debtor is summoned to show cause why he should not be bound by the judgment rendered on contract , he cannot set up as a defense to the original cause of action the statute of limitations . Gibson v . Van Derzee , 14 Abb ...
Page 141
... judgment creditor , after the return of an execution unsatisfied , may main- tain an action , in the nature of a ... debtor is a foreign corporation material . Bart- lett v . Drew , 60 Barb . 648 ; S. C. af- firmed , 57 N. Y. ( 12 Sick ...
... judgment creditor , after the return of an execution unsatisfied , may main- tain an action , in the nature of a ... debtor is a foreign corporation material . Bart- lett v . Drew , 60 Barb . 648 ; S. C. af- firmed , 57 N. Y. ( 12 Sick ...
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Common terms and phrases
11 Sick action or special adverse party affidavit amended application appointed attend attorney bail Barb cause of action certificate city of New-York Code Pro commenced commissioner complaint copy corporation costs county clerk county court county judge court of appeals court of record court or judge creditor damages defendant delivered deposit direct discharge docket effect entitled execution exempt filed final judgment granted issue of fact jail judgment debtor jurisdiction jury justice last section liable ment motion N. Y. 5 Sick N. Y. Sup notice order of arrest oyer and terminer plaintiff pleading prescribed by law provision real property recover referee relating rendered residence served sheriff special proceeding specified statute stenographer subd subpoena summons superior city court supreme court sureties taken term therein thereof thereto thereupon tion trial jurors undertaking verdict Wait's Code Wait's Pr witness
Popular passages
Page 228 - ... 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 495 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Page 170 - It shall not be necessary for a party to set forth in a pleading, the items of an account therein alleged ; but he shall deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account, which if the pleading...
Page 488 - ... a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may for any cause be recovered against the defendant.
Page 5 - Disorderly, contemptuous, or insolent behavior committed during the sitting of any Court of justice, in immediate view and presence of the Court, and directly tending to interrupt its proceedings or to impair the respect due to its authority; 2.
Page 142 - 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 114 - 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 159 - 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.
Page 113 - Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises under claim of title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question...
Page 187 - 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...