The Code of Procedure of the State of New York, as Amended to 1873: With Notes on Pleading and Practice, Rules of the Courts, and a Full Index

Front Cover
Baker, Voorhis & Company, 1873 - Civil procedure - 899 pages
 

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Contents

The county courts
30
OF THE SUPERIOR COURT AND COURT OF COMMON PLEAS
32
Jurisdiction removal of causes
33
Common pleas for New York to review certain judgments
36
Superior court judges
37
TITLE VI
38
144
46
148
60
The court of common pleas for the city and county of New York
69
TITLE I
70
The mayors courts of cities 14 The recorders courts of cities 15 The marine court of the city of New York
71
202
74
Adverse possession under written instrument c
77
204
85
208
86
TITLE III
88
210
95
211
96
367
106
223
116
TITLE IV
117
231
132
368
139
Forms of pleading 141 Complaint
141
Complaint what to contain CHAPTER II The demurrer and answer
148
372
150
124
152
492
164
494
196
Defendant to demur or answer 144 When the defendant may demur 145 Demurrer what to specify 146 How to proceed if complaint be amended 14...
202
The answer Sec 149 Answer what to contain 150 Counterclaim several defenses 151 Demurrer and answer when allowed 152 Sham and irrelevant de...
211
499
215
cases
221
The reply SEC 153 Reply demurrer to answer 154 Motion for judgment upon answer 155 Demurrer to reply CHAPTER V General rules for pleading
235
Pleadings to be subscribed and verified
238
Pleadings how verified
239
How to state an account in pleading particulars 159 Pleadings to be liberally construed
243
Judgments how to be pleaded
251
Conditions precedent how to be pleaded 163 Private statutes how to be pleaded 164 Libel and slander how stated in complaint 165 Answer in such ca...
253
Answer in actions to recover property distrained for damage
255
What causes of action may be joined
256
Allegation not denied when to be deemed true CHAPTER VI Mistakes in pleading and amendments Sec 169 Material variances how provided for 17...
261
The justices district courts in the city of New York 17 The justices courts of cities 18 The police courts This enumeration is far from complete
278
235
279
237
298
238
302
Claim and delivery of personal property
305
Notice and affidavit when and where to be filed
312
239
316
Trial by jury how waived
396
All issues referable by consent
402
385
413
Judgment may be for or against any of the parties to
419
390
428
TITLE IX
433
396
457
Order for discovery of property examination of judg
460
TITLE X
478
TITLE XI
522
Judgment
528
On appeal security must be given or deposit made unless
531
398
539
waived
540
On judgment for money security to stay execution New undertaking on sureties in the first becoming insolvent Deposit in lieu of undertaking
542
If judgment be to deliver document or personal property it must be deposited or security given
543
If judgment be to execute conveyance it must be executed and deposited
544
Stay of proceedings upon security Dispensing with security
545
Undertakings may be in one instrument or several
546
Perishable property may be sold notwithstanding appeal
547
Undertaking must be filed Appeals from orders
548
Appeals where heard
549
Appeals in the supreme court and the superior court and court of common pleas of the city of New York from a single judge to the general term SEC...
550
401
560
Appeal to the court of common pleas for the city and county of New York or to a county court from an inferior court SEC 351 Existing laws repeale...
561
402
566
Further return
572
Appeal to be heard on the original papers
573
Judgmentroll
582
Restitution
583
NOTICES
587
408
594
Action for discovery abolished
607
Definition of an order
627
In actions in the supreme courrt county judge may exer
635
Guardians not to receive property until security given
644
Actions in place of scire facias quo warranto and of informations
650
Entry of judgment relating to letters patent
657
Actions to determine conflicting claims to real property and
664
TITLE XIV
674
RULES OF COURTS
681
TITLE II
715
OF THE COURT OF APPEALS
740
JUDICIARY ARTICLE OF AMENDED CONSTITUTION
760
ACT RELATING TO THE COURT OF APPEALS AND THE COMMISSION
768
Its jurisdiction
769
ACT TO REGULATE PROCEEDINGS AGAINST CORPORATIONS BY INJUNC
775
filed
804

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Common terms and phrases

Popular passages

Page 108 - 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 262 - 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 101 - 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 79 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Page 379 - 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...
Page 276 - When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.
Page 592 - The defendant may, at any time before the trial or verdict, serve upon the plaintiff, an offer in writing to allow judgment to be taken against him, for the sum or property, or to the effect therein specified, with costs.
Page 103 - 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 70 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
Page 15 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.

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