Rust's New York Code of Civil Procedure 1885 |
From inside the book
Results 1-5 of 85
Page xxviii
... application for judgment by default , 1216 , 1217 . on appeal to the court of appeals , 1309-1312 , 1326-1335 . on application of partners for release of partnership property levied upon , 695 , 696 , 1414 . to be given when claimant ...
... application for judgment by default , 1216 , 1217 . on appeal to the court of appeals , 1309-1312 , 1326-1335 . on application of partners for release of partnership property levied upon , 695 , 696 , 1414 . to be given when claimant ...
Page 82
... application to the court to be made a party , it must direct him to be brought in by the proper amendment . S453 . [ am'd 1877. ] Where the court directs a new defendant to be brought in , and the order is not made upon his own application ...
... application to the court to be made a party , it must direct him to be brought in by the proper amendment . S453 . [ am'd 1877. ] Where the court directs a new defendant to be brought in , and the order is not made upon his own application ...
Page 84
... Application therefor . 471. Application for appointment of guardian for infant defend- ant . 472. Guardian , how appointed . Clerk , when to act . § 473 . Guardian for infant defendant in certain real actions . 474 . Guardian not to ...
... Application therefor . 471. Application for appointment of guardian for infant defend- ant . 472. Guardian , how appointed . Clerk , when to act . § 473 . Guardian for infant defendant in certain real actions . 474 . Guardian not to ...
Page 95
... application pursuant to this section . $ 538 . A sham answer or a sham defence may be stricken out by the court , upon motion , and upon such terms as the court deems just . § 539. A variance , between an allegation in a pleading and ...
... application pursuant to this section . $ 538 . A sham answer or a sham defence may be stricken out by the court , upon motion , and upon such terms as the court deems just . § 539. A variance , between an allegation in a pleading and ...
Page 100
... application to increase the security given by the plaintiff , may be made at any time before final judgment . § 568. [ am'd 1877. ] An application , specified in the last section , may be founded only upon the papers upon which the ...
... application to increase the security given by the plaintiff , may be made at any time before final judgment . § 568. [ am'd 1877. ] An application , specified in the last section , may be founded only upon the papers upon which the ...
Common terms and phrases
action brought action or special adverse party affidavit am'd appeal application appointed attend attorney awarded bail bond cause of action certified chattel clerk commenced complaint corporation county clerk county judge county treasurer court of record court or judge creditor damages decedent decree deemed defendant delivered deposition directed discharge discretion entitled execution executor or administrator filed final judgment granted guardian habeas corpus hundred interest issue of fact jail judgment debtor jurisdiction jury justice last section letters testamentary liable notice otherwise paid payment pending personal property petition petitioner plaintiff pleading prescribed by law prescribed in section prisoner proof provision real property referee rendered resident served sheriff special proceeding specified stenographer summons superior city court supreme court sureties surrogate surrogate's court taken term therein thereto thereupon tion trial jurors trustee undertaking unless warrant of attachment witness writ
Popular passages
Page 323 - ... a fair and just compensation for the pecuniary injuries, resulting, from the decedent's death, to the person or persons for whose benefit the action is brought.
Page 99 - That the defendant is either a foreign corporation or not a resident of the State ; or, if he is a natural person and a resident of the Srate, 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...
Page 152 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Page 276 - Such a notice may be filed with the complaint, before the service of the summons ; but, in that case, personal service of the summons must be made upon a defendant, within sixty days after the filing, or else, before the expiration of the same time, publication of the summons must be commenced, or service thereof must be made without the State, pursuant to an order obtained therefor, as prescribed in chapter fifth of this act.
Page 322 - ... would have been liable to an action in favor of the decedent by reason thereof if death had not ensued.
Page 84 - In pleading a judgment, or other determination of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction ; but, the judgment or determination may be stated to have been duly given or made.
Page 608 - judgment creditor " signifies the person who is entitled to collect, or otherwise enforce, in his own right, a judgment for a sum of money or directing the payment of a sum of money. 6. A " judgment creditor's action...
Page 139 - ... making an affidavit that he received it from the agent; that the agent is dead, or from sickness or other casualty...
Page 81 - 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 ; 2.
Page 58 - ... 1. Where it has been usually cultivated or improved. 2. Where it has been protected by a substantial inclosure. 3. Where, although not inclosed, it has been used for the supply of fuel, or of fencing timber, either for the purposes of husbandry, or for the ordinary use of the occupant.