The Code of Procedure of the State of New York, as Amended to 1864: With Notes, an Appendix, and Index |
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Page 10
... third , of the Revised Statutes in relation to the jurisdiction of the Court of Chancery was repealed , and chapter 416 of the Laws of 1862 were amended by striking out the characters and figures " § 28 , § 29 , § 30. " In 1864 ( Laws ...
... third , of the Revised Statutes in relation to the jurisdiction of the Court of Chancery was repealed , and chapter 416 of the Laws of 1862 were amended by striking out the characters and figures " § 28 , § 29 , § 30. " In 1864 ( Laws ...
Page 14
... third district , 1849 , ch . 111 . Governor to appoint justices to hold terms of , 1850 , ch . 1 . Provision for cases of justices incapacitated by interest to hear a cause , 1850 , ch . 15 . Assignments to receiver by order of the late ...
... third district , 1849 , ch . 111 . Governor to appoint justices to hold terms of , 1850 , ch . 1 . Provision for cases of justices incapacitated by interest to hear a cause , 1850 , ch . 15 . Assignments to receiver by order of the late ...
Page 31
... third Tuesday of June , and the last Tuesday of September , and continued for as long a period as the public interests may require . But the judges of said court may in their discretion appoint one of said terms in each year to be held ...
... third Tuesday of June , and the last Tuesday of September , and continued for as long a period as the public interests may require . But the judges of said court may in their discretion appoint one of said terms in each year to be held ...
Page 93
... third subdivision of section 179 , and undertaking to the same effect as that provided by section 211 . § 188. [ 163. ] ( Am'd 1849 , 1851. ) Surrender of defendant . At any time before a failure to comply with the undertaking , the ...
... third subdivision of section 179 , and undertaking to the same effect as that provided by section 211 . § 188. [ 163. ] ( Am'd 1849 , 1851. ) Surrender of defendant . At any time before a failure to comply with the undertaking , the ...
Page 97
... third person . 217. Notice and affidavit , when and where to be filed . § 206. [ 181. ] ( Am'd 1849. ) Delivery of personal property . The plaintiff , in an action to recover the possession of personal property , may , at the time of ...
... third person . 217. Notice and affidavit , when and where to be filed . § 206. [ 181. ] ( Am'd 1849. ) Delivery of personal property . The plaintiff , in an action to recover the possession of personal property , may , at the time of ...
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The Code of Procedure of the State of New York, As Amended To 1864: With the ... John Townshend No preview available - 2017 |
Common terms and phrases
adverse party Adverse possession affidavit Am'd amended amount answer application appointed attachment attorney bail brought calendar cause of action CHAPTER civil actions 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 entitled execution Existing suits filed fourth Monday granted guardian held by Judge infant issue of fact issue of law judgment debtor judgment-roll jurisdiction jury Justice Barnard letters patent manner ment Monday of January Monday of October mortgage motion Oyer and Terminer papers personal property plaintiff pleading premises prescribed proceedings provisional remedy quo warranto real property recover referee reference rendered require RULE second Monday served sheriff special term specified summons superior court supreme court sureties therein thereof third Monday tion twenty days undertaking unless verdict York
Popular passages
Page 67 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 84 - 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 71 - ... the recorder of the county in which the property is situated, a notice of the pendency of the action...
Page 116 - ... in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Page 85 - 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 69 - The 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 connty ; 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 57 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title...
Page 61 - Within the age of twenty-one years ; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or, in execution under the sentence of a criminal court, for a term less than his natural life ; The time of such disability is not a part of the time limited, for the commencement of the action...
Page 79 - The defendant may set forth by answer as many defenses and counter-claims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both.
Page 69 - The court may, on motion, change the place of trial in the following cases: 1. When the county designated 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: 4.