The Code of Civil Procedure of the State of New York ... |
From inside the book
Results 1-5 of 75
Page 7
... issued out of a court of record , must be tested , except where it is otherwise specially prescribed by law , in the name of a judge of the court , on any day ; must be re- turnable within the time prescribed by law ; or , if no time is ...
... issued out of a court of record , must be tested , except where it is otherwise specially prescribed by law , in the name of a judge of the court , on any day ; must be re- turnable within the time prescribed by law ; or , if no time is ...
Page 87
... issued , within six years after the death of the testator or intestate . But where an action is barred by this ... issued by a moneyed cor- poration , or issued or put in circulation as money . Co. Proc . , 108 . * See post , § 401 ...
... issued , within six years after the death of the testator or intestate . But where an action is barred by this ... issued by a moneyed cor- poration , or issued or put in circulation as money . Co. Proc . , 108 . * See post , § 401 ...
Page 118
... issued upon such a judgment , only in a case where it could be issued upon a judgment , in an action against the executor or administrator . Id . , §§ 23 and 24 . § 507. [ Am'd , 1879. ] Defendant may interpose 118 §§ 503-506 ANSWER .
... issued upon such a judgment , only in a case where it could be issued upon a judgment , in an action against the executor or administrator . Id . , §§ 23 and 24 . § 507. [ Am'd , 1879. ] Defendant may interpose 118 §§ 503-506 ANSWER .
Page 140
... issued to the sheriff of the county in which he was arrested , and returned by that sheriff , wholly or partly un- satisfied . 2. An execution , against the person of the defendant , must have been issued to the same sheriff , and by ...
... issued to the sheriff of the county in which he was arrested , and returned by that sheriff , wholly or partly un- satisfied . 2. An execution , against the person of the defendant , must have been issued to the same sheriff , and by ...
Page 154
... issued , that there is reason to suspect that a certificate given by him is untrue , or that it fails fully to set forth the facts , required to be shown thereby ; the court or judge may make an order , directing him to attend , at a ...
... issued , that there is reason to suspect that a certificate given by him is untrue , or that it fails fully to set forth the facts , required to be shown thereby ; the court or judge may make an order , directing him to attend , at a ...
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Common terms and phrases
action brought action or special affidavit Am'd appeal appellate division application appointed attend attorney awarded cause of action certified chattel commissioner copy corporation costs county clerk county judge county treasurer court of record court or judge creditor damages debt decedent decree defendant delivered deposition directed discharge discretion docket effect entitled execution executor or administrator fees filed final judgment granted guardian habeas corpus interest issue of fact joinder of issue judgment debtor jurisdiction jury justice Kings county last section letters testamentary liable lien New-York notice otherwise paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section prisoner Proc proof provisions real property recover referee rendered resident served sheriff special proceeding specified subpoena summons supreme court sureties surrogate surrogate's court taken term therein thereof thereto thereupon tion trial jurors undertaking witness writ
Popular passages
Page 103 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Page 174 - 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, or a mistake in any other respect...
Page 115 - 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.
Page 122 - The affidavit of verification must be to the effect that the pleading is true to the knowledge of the deponent, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Page 140 - ... the subject of the action, and tending to render the judgment ineffectual, an injunction order may be granted to restrain him therefrom.
Page 99 - That the defendant is either a foreign corporation or not a resident of the State ; or, if he is a natural person and a resident of the State, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...
Page 78 - The people of this state will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless : 1. Such right or title shall have accrued within ten years before any action or other proceeding for the same is commenced, or, 2.
Page 174 - ... in its discretion, and 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...
Page 111 - Upon claims arising out of the same transaction or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Page 204 - ... in his own behalf or interest, or in behalf of the party succeeding to his title or interest against the executor, administrator or survivor of a deceased person or the committee of a lunatic, or a person deriving his title or interest from, through or under a deceased person or lunatic, by assignment or otherwise, concerning a personal transaction or communication between the witness and the deceased person...