Aulls' Quizzer on the New York Code of Civil Procedure, Being a Complete Digest Touching Fully on the Important Sections of the Code, Including the Mechanic's Lien Law in Effect September 1, 1897...for the Use of Students, Justices of the Peace and the Practitioner
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action administrator affidavit allegation amount answer appeal Appellate Division application appointed arbitrators arrest attorney bring brought cause chattel claims clerk complaint contain contract copy corporation creditors damages death debt defendant delivered demand demur determination directed effect enforced entered entitled evidence examination execution executor facts filed final Give given granted ground interest issued judge judgment judgment debtor jurisdiction jury justice leave letters lien Limitations matter mortgage motion necessary notice obtain party person plaintiff pleading possession Prac proceedings proper proved purchaser questions real estate real property receiver record recover Redfield Surr referee refuses rendered resides rule served sheriff Special specific statute sufficient summons Supreme Court taken Term thereof tion trial twenty undertaking valid verdict warrant Willard on Ex witness writ York
Page 68 - The affidavit of verification must be to the effect, that the pleading is true to the knowledge of the deponent, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Page 111 - ... that if the defendant recovers judgment, or if the warrant is vacated, the plaintiff will pay all costs, which may be awarded to the defendant, and all damages, which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, which must be at least two hundred and fifty dollars.
Page 68 - A motion, upon notice, in an action in the supreme court, must be made within the judicial district, in which the action is triable, or in a county adjoining that in which it is triable...
Page 65 - If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Page 110 - In an action, brought by or against a corporation, the plaintiff need not prove, upon the trial, the existence of the corporation, unless the answer is verified, and contains an affirmative allegation that the plaintiff, or the defendant, as the case may be, is not a corporation.
Page 97 - ... 1. That the plaintiff is the owner of the property claimed, (particularly describing it,) or is lawfully entitled to the possession thereof, by virtue of a special property therein; the facts in respect to which shall be set forth : 2.
Page 91 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 87 - A copy of the notice must be published at least once in each of the six weeks immediately preceding the sale, in a newspaper published in the county...