Practice in Special Actions in the Courts of Record of the State of New York: Under the Code of Civil Procedure and Statutes, with Forms, Volume 1

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M. Bender, 1919 - Civil procedure - 2169 pages
 

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Contents

Kjectment
119
Nature of the Action and Courts Having Jurisdiction
144
Joint Debtors Actions and Rights of Action By and Between
188
Judgment Creditors Action Continued page
195
Judicial Sales see Real Property Provisions Relating to 522
204
Mechanics Liens
312
Mechanics Liens Continued paqb
343
Miscellaneous Actions and Rights of Action
419
nuisance Continued page
440
Officers Actions By or Against
448
Partition
471
Partition Continued page XIV Final Judgment Its Contents and Effect
496
Distribution of Proceeds of Sale
498
Rights of Parties May Be Adjusted
499
Costs
500
Application for Money Paid into Court
502
Partners Actions Against and Between see Joint Debtors 191
504
When and How Action Maintained
505
Proceedings in the Action
507
Action to Vacate Letterspatent
508
Actions Founded Upon the Spoliation or Other Misappropria tion of Public Property
510
Action to Recover Property Escheated or Forfeited
511
Quo Warranto see People Actions in Behalf of
512
Real Property Provisions Relating to
513
Contents and Filing of Notice of Pendency
515
When Lis Pendens Proper and Cancellation
516
VTI Effect of Notice of Pendency
521
Sale How Advertised and Conducted
522
Notice of Sale
523
Conduct of Sale and Proceedings Before Conveyance
525
Trustee Not to Purchase
526
When Sale Set Aside
527
Referees Fees and Expenses and Disposition of Proceeds
532
Payment of Moneys Arising from Sale into Court and How Paid Out
535
Passing Title and Writ of Assistance
536
Evidence in Actions or Proceedings Involving a Title to Real Property
537
Receivers in Foreclosure see that Title Art VI Subd 8 169
538
Replevin
539
Keplevin Continued page
540
Unincorporated Association Action By or Against
553
Wrongs Action to Recover Damages for
560
Special Proceedings Generally Considered
577
Adoption of Children
585
Advertisement Foreclosure by see Foreclosure by Advertisement 794
594
Sale of Corporate Real Estate see Corporate Real Estate Sale of 752
598
Attorneys and Counsellors Continued page
612
Corporation Dissolution of Voluntary Continued page
744
Corporate Real Property Sale of
752
Court of Claims see Claims Court of 655
760
Discharge of Debtor from Imprisonment see Debtor and Creditor Law 760
777
Foreclosure by Advertisement
794
Estate of
813
Mandamus Continued page
821
Name of Corporation Proceedings to Change Name see Corporations
848
Public Officers Proceedings to Compel Delivery of Books and Papers
856
Real Estate of Corporation see Corporate Real Property Sale of 752
863
Summary Proceedings to Recover the Possession of Land
865
Appeal and Restitution
885
Supplementary Proceedings to an Execution Against Property Con page VHI When Reference Ordered and Examination of Debtor
893
Payment by Debtor to Sheriff and Proceedings Thereon
894
Dismissal or Discontinuance of Proceedings
896
Miscellaneous Matters of Practice
897
Violation of Injunction
898
Refusal to Appear and Testify or Testifying Falsely
899
Punishment
902
The Order Adjudging the Debtor in Contempt
903
How Orders Vacated Modified or Reviewed
904
Receiver When and How Appointed
906
Title of the Receiver to Property of the Debtor
907
Rights Powers and Duties of Receiver
910
Receiver Subject to Control of Court
911
tiorari to Review Assessment
912
U The Petition
913
The Return
915
Proceedings on the Return
916
Extent of Review of Acts of Assessors
917
When and How Evidence Is Taken
918
Costs
919
Refund of Tax Upon Illegal Erroneous or Unequal Assess ment
920
Assessment of Special Franchises
921
Special Franchises Denned
923
The Return
924
Matters of Practice
925
The Statute How Construed and Applied
926
The Net Earnings Rule
929
Tax Law Certiorari to Review Corporation Tax
931
Tax Law Special Proceedings Under
933
Miscellaneous Provisions Relative to Collection of Taxes
934
ment of
935
When a Trustee May Be Appointed
936
Effect of Appointment of Substitute Trustee
937
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Page 124 - While as a general rule a plaintiff in ejectment must recover upon the strength of his own title, and not on the weakness of that of his adversary...
Page 386 - ... being duly sworn, deposes and says that he is the petitioner in the above-entitled proceeding ; that he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Page 298 - Where the husband makes default in paying any sum of money specified in the last section, as required by the judgment or order directing the payment thereof, and it appears presumptively, to the satisfaction of the court, that payment cannot be enforced by means of the proceedings prescribed in the last section, or by resorting to the security, if any, given as therein prescribed, the...
Page 661 - A person whose conveyance or incumbrance is subsequently executed or subsequently recorded, is bound by all proceedings taken in the action after the filing of the notice, to the same extent as if he was a party to the action.
Page 749 - ... such word or words, abbreviation, affix or prefix, therein or thereto, as will clearly indicate that it is a corporation as distinguished from a natural person, firm or copartnership; or unless such corporation uses with its corporate name, in this state, such an affix or prefix.
Page 33 - ... 2. Compelling them to pay to the corporation, which they represent, or to its creditors, any money, and the value of any property, which they have acquired to themselves, or transferred to others, or lost, or wasted, by or through any neglect of or failure to perform or by other violation of their duties.
Page 89 - Where it appears in a case specified in the last section that the plaintiff's demand was presented within the time limited by a notice, published as prescribed by law...
Page 583 - ... a question of law is involved which ought to be reviewed by the court of appeals, or where, in case of the refusal so to certify, an appeal is allowed by the court of appeals.
Page 916 - If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.
Page 367 - All deposits of money hereunder shall be considered as paid into court and shall be subject to the provisions [of the...

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