The Practice at Law: In Equity, and in Special Proceedings, in All the Courts of Record in the State of New York; with Appropriate Forms, Volume 1W. Gould & sons, 1872 - Civil procedure |
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Page iv
... execution of the plan of this work , the Code has been regarded like any other statute , controlling where its terms are mandatory and express ; but , beyond this , leaving the old statutes and decisions to settle what is the present ...
... execution of the plan of this work , the Code has been regarded like any other statute , controlling where its terms are mandatory and express ; but , beyond this , leaving the old statutes and decisions to settle what is the present ...
Page xlii
... execution Section 1. In general .... 427 428 429 429 430 430 Section 2. Execution against property 430 Section 3. Execution against the person . 430 Section 4. Non - imprisonment act . 430 Section 5. Attachments . 430 Section 6 ...
... execution Section 1. In general .... 427 428 429 429 430 430 Section 2. Execution against property 430 Section 3. Execution against the person . 430 Section 4. Non - imprisonment act . 430 Section 5. Attachments . 430 Section 6 ...
Page xliii
... Execution of decrees .. Section 1. In general ... Article X. Interlocutory decrees .... Section 1. In general ..... CHAPTER IV . Old practice , how far retained .... Article I. In general ...... Section 1. Judiciary act of 1847 ...
... Execution of decrees .. Section 1. In general ... Article X. Interlocutory decrees .... Section 1. In general ..... CHAPTER IV . Old practice , how far retained .... Article I. In general ...... Section 1. Judiciary act of 1847 ...
Page lii
... execution .. CHAPTER II . Replevin , or claim and delivery 705 706 706 ..... . 706 708 Article 1. Replevin in general . . . . . . . 708 Section 1. History and use as a remedy ... . 708 a . Origin and former use at common law 708 b ...
... execution .. CHAPTER II . Replevin , or claim and delivery 705 706 706 ..... . 706 708 Article 1. Replevin in general . . . . . . . 708 Section 1. History and use as a remedy ... . 708 a . Origin and former use at common law 708 b ...
Page 5
... execution , by levying on the defendant's effects the damages given by the jury , and the costs allowed by the court ; which being done there is an end of the suit , and both parties are once more out of court . " The explanation just ...
... execution , by levying on the defendant's effects the damages given by the jury , and the costs allowed by the court ; which being done there is an end of the suit , and both parties are once more out of court . " The explanation just ...
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Common terms and phrases
affidavit application appointed ARTICLE assignable attorney authority Bank Barb Bosw cause of action circuit court claim clerk Code commenced common law common pleas complaint Comst Const constitution of 1846 contract corporation court of appeals court of chancery court of common court of equity courts of record damages death debt debtor deceased defendant Duer duties E. D. Smith entitled ex rel executor exercise filing forma pauperis granted injury interpleader John joinder judge judgment jurisdiction jury justice Kern leave liability maintain an action matter Mayor misjoinder motion N. Y. 5 Smith notice Paige petition petitioner plaintiff possession practice proceedings proper prosecute real property relief remedy remittitur removal right of action rule Sandf Section Seld service of process sheriff special term statute suit superior court supreme court therein thereof Tiff tion Title of cause trial trust Wait's Wend York
Popular passages
Page 62 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.
Page 39 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Page 158 - ... that the same is true of his own knowledge except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Page 49 - 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...
Page 180 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Page 126 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 92 - That every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person...
Page 643 - Before issuing the writ. the clerk must require a written undertaking on the part of the plaintiff, in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Page 648 - ... 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 513 - Where the subject of the action is real or personal property in this State, and the defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly or partly in excluding the defendant from any interest or lien therein ; 5.