The Code of Civil Procedure of the State of New York: Reported Complete by the Commissioners on Practice and Pleading

New York (State). Commissioners on Practice and Pleadings

Weed, Parsons & Company, public printers, 1850 - Počet stran: 791

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Strana 285
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 ...

Strana 452
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 ...

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ARTICLE II	xc

PRELIMINARY PROVISIONS	3

cedure of the State of New York	4

declared	10

ries	11

Definition of a civil action	12

The courts of justice in general	15

The Court for the trial of impeachments	18

wards	414

Stockholders compelled to make contribution	415

legatees heirs and devisees	416

survive	417

Representatives regarded as one person	418

Real property of deceased not affected by judgment against executors and cannot be sold thereon	419

Next of kin who have received distribution liable for debts	420

Legatees when liable for debis	421

CHAPTER IV	27

Receivers	30

The superior court of the city of New York	39

Business of the special terms	45

The court of common pleas of the city of	47

The county courts	55

ARTICLE II	63

tion	72

Receiver of property in litigation may be	76

The justices courts of the cities of Albany Hudson and Troy	78

tice	85

Courts not to be open on certain days except	89

Of judicial officers	97

Powers of county judge in cases of supreme	100

Means to be used by court or judicial officer	107

circuits 39	110

ARTICLE II	112

ARTICLE III	115

Misdescription of court not to invalidate order	116

Drawing how conducted	117

Panel to be delivered to sheriff	118

Panel when and how returned	119

Manner of returning the trial jury list except	123

ARTICLE VII	132

ARTICLE X	137

CHAPTER IV	143

District attorneys	154

The clerks of the courts of justice in general	157

ARTICLE I	159

ARTICLE III	164

supreme court to another	166

ARTICLE V	172

County jails the keeping of prisoners therein	174

Jail libeities and the admission of prisoners thereto	181

Execution and return of process by former	188

cess to a new sheriff	189

Coroners	194

Duties of coroners when the sheriff is a party	196

CHAPTER V	198

Guardians	203

Duties of attorneys and counsellors	206

ARTICLE IV	212

By whom proceedings may be instituted	215

CHAPTER III	221

Definition of a guardian	222

CIVIL CODE	225

Occupation under written instrument or judg	227

CHAPTER III	233

Provision where judgment has been reversed	237

Power of court or judicial officer to adjourn	242

Proceedings when there are several defend	254

CHAPTER I	262

Counterclaim precludes another action for	266

CHAPTER VI	272

New writ in certain cases requiring produc tion of person 558	276

No error or defect to le regarded unless it af fect substantial rights	282

TITLE VII	283

Cases in which defendant may be arrested	284

Order for arrest by whom made	285

Order when made and its form	286

Defendant to be discharged on bail or deposit	287

Bail how proceeded against	288

Delivery of undertaking to plaintifi and its ac ceptance or rejection by him	289

Justification and allowance of bail	290

Deposit of money with sheriff	291

Security upon injunction to suspend business of corporation	298

Affidavits on motion	302

Order for attachment by whom granted	303

Order to whom directed and what to require	304

Certificate of defendants interest to be fur nished by corporation	305

Proceeding in cases of perishable property	306

Defence in action on the security	307

Action to recover debts attached may be prose cuted by plaintiff	309

Property may be released upon security	310

Attachment may be vacated on motion	311

Deposit in court	312

Issues and the mode of trial	317

Conduct of the trial	324

If juror be taken sick jury discharged	326

CHAPTER V	332

Trial by referees	333

Provisions relating to trials in general	334

The manner of giving and entering judgment	340

What the docket must contain	345

Satisfaction of judgment how entered	346

TITLE IX	347

The attorney general 142	348

when	350

Persons arrested on execution to be imprisoned	352

When property is claimed by a third person sheriff may summon jury to try the claim	353

Manner of executing against property	354

Penalty for selling without notice	355

Certificate of sale of real property	356

Redemption may be by payment to purchaser	357

The evidence of the lien must be produced	358

CHAPTER II	362

TITLE X	368

TITLE XI	378

CHAPTER II	384

Actions for nuisance waste trespass on indian lands and wil ful trespass on other real property	386

Damages for wilfully cutting trees	388

Trespass on Indian lands	389

CHAPTER IV	390

Action for partition of real property allowed	391

To whom summons is addressed	392

Unknown owners made parties	393

Manner of making partition	394

Tenants in dower c not affected	395

When part only is sold life estate	396

Notice to creditors to make proof	397

Proceeds of sale how applied	398

Debts to be paid rateable in case of insolvency	409

Heirs and devisees liable for debts	422

Preference of debts	423

CHAPTER VIII	432

Actions against saine official persons	433

For acts of their own or their predecessors	434

Treasurers must pay judgment against county	435

Judgments against town officers how paid	436

CHAPTER I	437

ant	441

Punishment for refusing to deliver books	442

Judgments in actions under this chapter	443

Injunction and receiver allowed	444

Actions in justices courts	445

Pleadings and trial	459

May be oral or written	460

An action upon note or account what suffi cient	461

Variance when disregarded	462

Answer to be in writing when title to lands come in question	463

When title to land arises causes to be dis missed	464

In what cases adjournment llowed	465

Length of adjournment and proof required	467

Proceedings when jury is demanded	468

Six jurors to be drawn for trial	469

Adjournment after jury summoned not al lowed unless fees are paid	470

Judgment and execution	471

When à constable may omit to arrest	477

Blank process not allowed	480

TITLE XII	493

Appeals to the supreme court from an inferior court	501

Must prepare and transmit blank forms	504

Admission or inspection of writings	516

charge 180	520

General provisions	523

Successive actions on same contract	524

Jurisdiction of court over corporations	525

Action barred by limitation in another state barred in this	526

Register of actions to be kept by clerk	527

Counsel to speak only an hour without leave	528

All existing rights of action prosecuted as prescribed in this code	529

OF SPECIAL PROCEEDINGS	531

Of state writs	532

Its extent	536

If return defective how return ordered	537

edy	538

When peremptory writ allowed	539

Issues when tried	540

CHAPTER IV	541

Jury how to proceed	542

Inquisition may be set aside	543

Owners may apply therefor	544

The writ of deliverance from imprisonment	545

deliverance from imprisonment	546

To whom application made	547

What application to state	548

Writ to be granted without delay	549

Writ may be made returnable before another officer	550

Contents of return	551

Person to be produced	552

If sheriff neglect warrant to issue to coroner	553

Party to be remanded in what cases	554

Legality of certain order and process not in quired into	555

Until judgment given party how kept	556

Return may be controverted	557

Judgment of discharge if imprisonment illegal	558

Judge recommitting liable	559

Transferring party to elude writ a misde meanor	560

In case of danger that party will be carried off warrant to issue	561

For refusing a copy of order forfeiture of 200	562

Writ how served	563

Charges of bringing up prisoner may be or dered to be paid	564

CHAPTER VI	565

Undertaking to be executed	566

CHAPTER 1	567

If answer made case to be put on calender	570

Proceedings on attachment	578

Summary proceedings for obtaining possession of real proper ty in certain cases	592

deserts	593

Proceeding by complaint and action or order	594

Manner of service by an officer	595

Questions to be tried by justice or jury	596

Effect of removal upon the lease	597

When tenant may be restored	598

When tenant claims under another landlord	599

Of the enforcement of liens	600

Liens on buildings	601

Liens on vessels	606

Liens on cargoes for wharfage	609

Liens on things doing damage upon real proper ty	610

four hours	611

Disposition of beasts when impounded	612

Other property and if there be no pound beasts when distrained to be kept by the distrainer	613

Notice to be served on the owner if known	614

General provisions	615

Of the punishment of contempts	617

What courts and judicial officers may punish	619

If party imprisoned he may be brought up	620

Warrant to be returned	621

Indemnity to party injured also required	622

Of assessments	624

CHAPTER II	630

Of the voluntary dissolution of corporations	633

Of proceedings in the courts of conciliation	641

Party not appearing cannot recover costs	645

Of arbitrations	647

awards	651

CHAPTER II	656

Surrogate to ascertain and limit amount	662

Proceedings of insolvent to discharge himself from his debts	670

Judgment in general 313	749

CHAPTER	764

Judgment upon failure to answer 315	785

Další vydání - Zobrazit všechny

The Code of Civil Procedure of the State of New-York
New York (State). Commissioners on Practice and Pleadings,David Dudley Field
Zobrazení fragmentů - 2000

Běžně se vyskytující výrazy a sousloví

action affect allowed Amended Code amount answer appeal application appointed arrest attend attorney ballots brought cause CHAPTER charge circuits city court city of New-York civil civil action claim commenced committed common conferred constitution containing continued copy corporation costs county clerk criminal defendant deliver deposited designated determination direct district dollars drawing drawn duties elected entered entitled evidence execution exercise fact filed give given grand jury held holding interest issue jail judge judgment judicial officer jurisdiction jurors jury list justice last section manner mentioned necessary notice party pending person plaintiff powers prescribed present prisoner proceed proceedings question real property reason receive referees removed rendered residence respect served sessions sheriff specified statutes summons supreme court taken term therein thereof tion trial jury unless writ York

Oblíbené pasáže

Strana 267 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. § 1 50. The counterclaim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action...

Objevuje se u 585 knih od 1830-2007.

Strana 250 - 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.

Objevuje se u 568 knih od 1830-2002.

Strana 249 - 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 a plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...

Objevuje se u 385 knih od 1777-2007.

Strana 706 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.

Objevuje se u 228 knih od 1850-2007.

Strana 386 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...

Objevuje se u 470 knih od 1850-2007.

Strana 706 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be, between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement, other than the contents of the writing, except in the following cases : 1.

Objevuje se u 181 knih od 1850-1999.

Strana 252 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2.

Objevuje se u 288 knih od 1850-1998.

Strana 304 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.

Objevuje se u 338 knih od 1848-2006.

Strana 281 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...

Objevuje se u 394 knih od 1777-2004.

Strana 239 - ... 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.

Objevuje se u 262 knih od 1847-1998.

Bibliografické údaje

QR code for The Code of Civil Procedure of the State of New York

Název	The Code of Civil Procedure of the State of New York: Reported Complete by the Commissioners on Practice and Pleading Documents of the Assembly of the State of New York The Code of Civil [and Criminal] Procedure of the State of New York...: Reported Complete by the Commissioners on Practice and Pleadings – Svazek 1, David Dudley Field
Autor	New York (State). Commissioners on Practice and Pleadings
Vydavatel	Weed, Parsons & Company, public printers, 1850
Délka	Počet stran: 791

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