The New York Code of Civil Procedure, Containing All Amendments to July 1, 1895, with Notes of Decisions to DateH.B. Parsons, 1895 - 1471 pages |
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Page 65
... served on the sheriff , etc. 138. Prisoners already upon jail liberties . 139. Jail liberties to prisoner , who becomes entitled thereto , before removal . 140. Id .; to prisoners removed . 141. When designation to be revoked , etc. 142 ...
... served on the sheriff , etc. 138. Prisoners already upon jail liberties . 139. Jail liberties to prisoner , who becomes entitled thereto , before removal . 140. Id .; to prisoners removed . 141. When designation to be revoked , etc. 142 ...
Page 114
... served upon a person bound to obey the order , and his obedience thereto may be required in any part of the State . 5. An order to show cause , why a person should not be punished for a contempt of the court , may be served by any ...
... served upon a person bound to obey the order , and his obedience thereto may be required in any part of the State . 5. An order to show cause , why a person should not be punished for a contempt of the court , may be served by any ...
Page 145
... served with the sum- If a copy of the complaint is not served with the summons , the plaintiff cannot take judgment by default without application to the court , unless either the defendant appears , or by a notice is served with the ...
... served with the sum- If a copy of the complaint is not served with the summons , the plaintiff cannot take judgment by default without application to the court , unless either the defendant appears , or by a notice is served with the ...
Page 146
... served , with the summons , a copy of the complaint , must serve a copy of his de- murrer or answer upon the plaintiff's attorney , before the expiration of the time , within which the summons requires him to answer . ( 1 ) If a copy of ...
... served , with the summons , a copy of the complaint , must serve a copy of his de- murrer or answer upon the plaintiff's attorney , before the expiration of the time , within which the summons requires him to answer . ( 1 ) If a copy of ...
Page 152
... served , and the same proceedings may be taken thereupon , as if it had been served by publication , pursuant to an order for that purpose , made as prescribed in the SS 435-437 . COMMENCEMENT OF ACTION . 152.
... served , and the same proceedings may be taken thereupon , as if it had been served by publication , pursuant to an order for that purpose , made as prescribed in the SS 435-437 . COMMENCEMENT OF ACTION . 152.
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Common terms and phrases
action or special adverse party affidavit am'd Amended appellate division application appointed attend attorney bail ballots Barb Bosw cause of action certified commenced commissioner of jurors county clerk county judge county treasurer court of appeals court of record court or judge creditor damages defendant delivered deposit designated direct discharged Duer duty effect Jan entitled execution exemption filed final judgment granted interest issue of fact jail judgment debtor jury justice Kings county last section liable lien ment motion N. Y. Supr notice notified order of arrest paid paid into court papers payment pending person plaintiff pleading prescribed by law prisoner Proc proof provisions real property recover referee rendered residence served sheriff special proceeding specified stenographer subd subpoena supreme court sureties taken therein thereto thereupon tion trial jurors trial terms undertaking verdict warrant of attachment Wend witness
Popular passages
Page 468 - ... in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers 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 attachment...
Page 110 - An action is commenced against a defendant, within the meaning of any provision of this act, which limits the time for commencing an action, when the summons is served on him ; or on a co-defendant who is a joint contractor, or otherwise united in interest with him.
Page 201 - If there was such proof, whether there was, upon all the evidence, such a preponderance of proof, against the existence of any of those facts, that the verdict of a jury, affirming the existence thereof, rendered in an action, in the supreme court, triable by a jury, would be set aside by the court, as against the weight of evidence.
Page 116 - The damages awarded to the plaintiff may be such a sum as the jury upon a writ of inquiry, or upon a trial, or, where issues of fact are tried without a jury, the court or the referee, deems to be 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 26 - By himself, or by or in the name of another person, either before or after action brought, promise or give, or procure to be promised or given, a valuable consideration to any person, as an inducement to placing, or in consideration of having placed, in his hands, or in the hands of another person, a demand of any kind, for the purpose of bringing an action thereon, or of representing the claimant in the pursuit of any civil remedy for the recovery thereof.
Page 412 - Enforcement of judgment without execution. In 1 mi- either of the following cases a judgment may be enforced by serving a certified copy thereof upon the party against whom it is rendered, or the officer or person who is required...
Page 196 - Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life ; or 4.
Page 63 - Except where the judgment is of death, appeals may be taken as of right, to said court only from judgments or orders entered upon decisions of the Appellate Division of the Supreme Court, finally determining actions or special proceedings, and from orders granting new trials on exceptions, where the appellants stipulate that upon affirmance judgment absolute shall be rendered against them.
Page 198 - ... 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 74 - From and .after the last day of December, one thousand eight hundred and ninety-five, the Appellate Division shall have the jurisdiction now exercised by the Supreme Court at its General Terms, and by the General Terms of the Court of Common Pleas for the City and County of New York, the Superior Court of the City of New York, the Superior Court of Buffalo and the City Court of Brooklyn, and such additional jurisdiction as may be conferred by the Legislature.