The Code of Procedure of the State of New York: As Amended to 1871, with Notes on Practice, Pleadings and Evidence; Rules of the Courts, Fully Annotated; a Complete Table of Cases, and a Full Index |
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Page xi
... receiver , and prohibit transfer , etc. , of property 299. Proceedings upon claim of another 573 293. Any debtor may pay execution against his creditor . 565 party to property , or on denial of indebtedness to judgment debtor .. 578 294 ...
... receiver , and prohibit transfer , etc. , of property 299. Proceedings upon claim of another 573 293. Any debtor may pay execution against his creditor . 565 party to property , or on denial of indebtedness to judgment debtor .. 578 294 ...
Page xv
... receiver .. 785 785 783 434. Relator , when to be joined as plaintiff 783 435. Complaint and arrest of defendant , in action for usurping an office ............ 436. Judgment in such action ... 437. Assumption of oflice , etc. , by ...
... receiver .. 785 785 783 434. Relator , when to be joined as plaintiff 783 435. Complaint and arrest of defendant , in action for usurping an office ............ 436. Judgment in such action ... 437. Assumption of oflice , etc. , by ...
Page 57
... Receiver . - A receiver of a foreign cor- poration cannot be appointed by the superior court . Day v . United States Car Spring Co. 2 Duer , 608. , a . Actions against the mayor , etc. Neither the superior court nor the court of common ...
... Receiver . - A receiver of a foreign cor- poration cannot be appointed by the superior court . Day v . United States Car Spring Co. 2 Duer , 608. , a . Actions against the mayor , etc. Neither the superior court nor the court of common ...
Page 121
... receiver of the company ; it is a case of mutual credits . Osgood v . DeGroot , 36 N. Y. ( 9 Tiff . ) , 348 ; S. C. 2 Trans . App . 86 ; Pardo v . Osgood , 5 Rob . 348 ; Rev'g S. C. 2 Abb . N. S. 365 . e . A judgment for costs ...
... receiver of the company ; it is a case of mutual credits . Osgood v . DeGroot , 36 N. Y. ( 9 Tiff . ) , 348 ; S. C. 2 Trans . App . 86 ; Pardo v . Osgood , 5 Rob . 348 ; Rev'g S. C. 2 Abb . N. S. 365 . e . A judgment for costs ...
Page 126
... Receivers and committees of lunatics and habitual drunkards , appointed by any order or decree of the court of chan ... receiver or committee ; and when ordered or authorized to sell such demands , the pur- chaser thereof may sue and ...
... Receivers and committees of lunatics and habitual drunkards , appointed by any order or decree of the court of chan ... receiver or committee ; and when ordered or authorized to sell such demands , the pur- chaser thereof may sue and ...
Contents
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Common terms and phrases
16 Barb 21 Barb 9 Abb Aff'g S. C. affidavit alleged Am'd amended answer assignment attorney aver bail Bank Bosw Brown cause of action claim Code R. N. S. commenced common pleas complaint Comst contract corporation counterclaim damages debt defendant demand demurrer Denio Duer E. D. Smith ex rel facts fendant filed held Hilt indorsed Insurance issue Johns judge judgment jurisdiction jury justice Keyes Law and Pract matter Mayor ment motion N. Y. 2 Kern N. Y. 6 Smith N. Y. Leg order of arrest oyer and terminer party payment person plaint plaintiff pleading proceedings promissory note Railroad recover Rev'g S. C. S. C. 1 Code S. C. Aff'd S. C. Rev'd Sandf Seld sheriff special term statute statute of limitations sub nom subd sufficient suit summons supra supreme court thereof Tiff tion Trans trial Wait's Law Wend York
Popular passages
Page 325 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading 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 378 - ... to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Page 123 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 264 - 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 ; 2.
Page 467 - In an action for the recovery of money only, or specific real property, the jury in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and 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 139 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants ; but if the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 177 - When publication is ordered, personal service of a copy of the summons and complaint out of the state...
Page 141 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Page 153 - 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 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.
Page 377 - ... forthwith take the property described in the affidavit, if it be in the possession of the defendant or his agent, and retain it in his custody.