The Code of Procedure of the State of New York, as Amended to 1867: With the Revised Rules of the Courts, and a Full IndexJohn Townshend |
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Page 33
... proof by affidavit , showing : 1. That the plaintiff is the owner , or entitled to immediate posses- sion , of the property claimed , particularly describing the same . 2. That such property is wrongfully withheld or detained by the ...
... proof by affidavit , showing : 1. That the plaintiff is the owner , or entitled to immediate posses- sion , of the property claimed , particularly describing the same . 2. That such property is wrongfully withheld or detained by the ...
Page 39
... proof on the trial and the allegations in a pleading shall be disregarded as immaterial , unless the court shall be satisfied that the adverse party has been misled to his prejudice thereby . 11. The pleadings may be amended at any time ...
... proof on the trial and the allegations in a pleading shall be disregarded as immaterial , unless the court shall be satisfied that the adverse party has been misled to his prejudice thereby . 11. The pleadings may be amended at any time ...
Page 61
... Proof of service . 139. When jurisdiction of action acquired . § 127. [ 106. ] Actions , how commenced . Civil actions in the courts of record of this State shall be com- menced by the service of a summons . § 128. [ 107. ] Summons ...
... Proof of service . 139. When jurisdiction of action acquired . § 127. [ 106. ] Actions , how commenced . Civil actions in the courts of record of this State shall be com- menced by the service of a summons . § 128. [ 107. ] Summons ...
Page 63
... proof of the service to the person whose name is subscribed thereto , with all reasonable diligence . The person subscribing the summons may , at his option , by an indorsement on the summons , fix a time for the service thereof , and ...
... proof of the service to the person whose name is subscribed thereto , with all reasonable diligence . The person subscribing the summons may , at his option , by an indorsement on the summons , fix a time for the service thereof , and ...
Page 67
... Proof of service . Proof of the service of the summons , and of the complaint or notice , if any , accompanying the same , must be as follows : 1. If served by the sheriff , his certificate thereof ; or , 2. If by any other person , his ...
... Proof of service . Proof of the service of the summons , and of the complaint or notice , if any , accompanying the same , must be as follows : 1. If served by the sheriff , his certificate thereof ; or , 2. If by any other person , his ...
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The Code of Procedure of the State of New York, as Amended to 1867: With the ... New York,John Townshend No preview available - 2016 |
Common terms and phrases
adverse party Adverse possession affidavit Am'd amended amount answer application appointed attachment attorney bail brought calendar cause of action certified CHAPTER circuit civil action claim clerk CODE OF PROCEDURE commenced common pleas complaint copy corporation costs county court county judge county treasurer court of appeals court of common damages deemed defendant deliver demurrer deposit direct docketed dollars effect entitled execution Existing filed granted guardian infant issue of fact issue of law judgment debtor judgment-roll jurisdiction jury justice letters patent manner ment mortgage note of issue notice of appeal oyer and terminer papers payment personal property plaintiff pleading premises prescribed proceedings proof provisional remedy quo warranto real property recover recovery referee reference rendered require RULE section one hundred section three hundred served sheriff special term specified statute summons superior court supreme court sureties therein thereof thereupon tion twenty days undertaking unless verdict York
Popular passages
Page 71 - 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 78 - 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...
Page 58 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Page 88 - ... for the prosecution of the action, for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may from any cause be recovered against the plaintiff...
Page 79 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 71 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. 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, and arising out of one of the following causes of action: "1.
Page 116 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 61 - Court may change the place of trial in the following cases : 1. When the County designated for that purpose in the complaint is not the proper County ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 49 - 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 ; or, 4.
Page 47 - ... founding such claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree, or judgment, or of some part of such premises, under such claim, for five years, the premises so included shall be deemed to have been held adversely...