The Code of Procedure of the State of New York, as Amended to 1873: With Notes on Pleading and Practice, Rules of the Courts, and a Full Index

Přední strana obálky
Baker, Voorhis [sic.], 1873 - Počet stran: 899

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Vybrané stránky

Obsah

Stay of proceedings upon security Dispensing with security
545
Undertakings may be in one instrument or several
546
Perishable property may be sold notwithstanding appeal
547
Undertaking must be filed Appeals from orders
548
Security must be given as upon appeal to court of appeals
549
Appeals in the supreme court and the superior court and court of common pleas of the city of New York from a single judge to the general term SEC...
550
Appeals from orders at special term
554
Appeals from orders at chambers Stay
560
Appeal to the court of common pleas for the city and county of New York or to a county court from an inferior court SEC 351 Existing laws repeale...
561
By what courts judgments to be reviewed New trial
562
Appeal when to be taken
563
Notice of appeal to be served on justice and costs of return to be paid Appeals in New York city Security
564
409
566
Security to stay stay execution
568
Execution how stayed
569
Return when and how made and compelled
570
How made if justice be out of office
571
Further return
572
Appeal to be heard on the original papers
573
Judgmentroll
582
Restitution
583
MISCELLANEOUS PROCEEDINGS
587
Action for discovery abolished
607
Motions and orders
627
Entitling affidarits
637
Duty of sheriff and coroner in serving or executing pro
644
Actions in place of scire facias quo warranto and of informations
650
Copy
657
Actions to determine conflicting claims to real property and
664
TITLE XIV
674
RULES OF COURTS
683
filed
756
OF THE COURT OF APPEALS
760
ACT RELATING TO THE COURT OF APPEALS AND THE COMMISSION
768
Its jurisdiction
769
ACT TO REGULATE PROCEEDINGS AGAINST CORPORATIONS BY INJUNC
775
Publication of summons
781
When service by publication complete
798
When jurisdiction acquired Appearance
805

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Oblíbené pasáže

Strana 108 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Strana 262 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party...
Strana 101 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Strana 79 - ... 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.
Strana 379 - In an action for the recovery of money only, or specific real property, the jury in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues...
Strana 276 - When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.
Strana 592 - The defendant may, at any time before the trial or verdict, serve upon the plaintiff, an offer in writing to allow judgment to be taken against him, for the sum or property, or to the effect therein specified, with costs.
Strana 103 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Strana 70 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
Strana 15 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.

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