Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Volume 2S.S. Peloubet, 1883 - Civil procedure |
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Common terms and phrases
9 Daly affidavit affirmed alleged allowed amended Andrew Bergen answer application attorney authority bail Barb Bergen bill of particulars Bliss cause of action Chap Civil Procedure claim Code of Civil commenced common carrier common pleas compel complaint concur counsel counterclaim court of appeals damages deceased defendant defendant's demurrer denied deposit entitled error Estate evidence ex rel execution executor or administrator facts granted Heilman injunction issue judgment jurisdiction justice lease legacy legatees letters letters testamentary liability mandamus marine court Martine Matter McLachlin ment motion N. Y. Civ Nehrboss Niagara county notice of trial Orth party payment person plaintiff pleading possession premises probate provisions question recover Redf reference remedy respondent reversed Revised Statutes Riegelmann rule security for costs sheriff special term Streib subd summary proceedings summons supra supreme court surrogate surrogate's court sustain tenant testified thereof tiff tion undertaking Wend William Molloy witness writ
Popular passages
Page 38 - ... to the effect that he will pay all costs and damages which may be awarded against him on the appeal not exceeding five hundred dollars.
Page 438 - If a person entitled to bring an action die 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 six months from his death.
Page 429 - If a person against whom an action may be brought die before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his representatives after the expiration of that time, and within one year after the issuing of letters testamentary or of administration...
Page 440 - Civil actions can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, except where, in special cases, a different limitation is prescribed by statute, and in the cases mentioned in section seventy-three.
Page 212 - But it must appear, upon the face of the complaint, that all the causes of action, so united, belong to one of the foregoing subdivisions of this section...
Page 438 - The time during which the person committing any of the offenses above mentioned is absent from the district wherein the same is committed shall not be taken as any part of the time limited by law for the commencement of such proceedings.
Page 57 - Where the person on whom the service of the summons is to be made cannot, after due diligence, be found within the State...
Page 5 - ... his title or interest, against the executor, administrator or survivor of a deceased person, or...
Page 365 - Each of those courts shall continue to exercise the jurisdiction and powers now vested in it by law, according to the course and practice of the court, except as otherwise prescribed in this act.
Page 388 - The action was commenced by the service of a summons and complaint on the...