The Code of Civil Procedure of the State of New York: Reported Complete by the Commissioners on Practice and Pleading, Volume 2 |
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Page vi
... jury is inseparable , as it is in ours , there must be some delay . Juries cannot be assem- bled for particular cases as they arise ; they must be drawn peri- odically , and in large or thinly populated counties , at considerable ...
... jury is inseparable , as it is in ours , there must be some delay . Juries cannot be assem- bled for particular cases as they arise ; they must be drawn peri- odically , and in large or thinly populated counties , at considerable ...
Page xxii
... jury list , and drawing and summoning the grand jury , IV . Manner of returning the trial jury list , except in the city of New - York , Manner of returning the trial jury list , in the city of New - York , V. · VI . Drawing and ...
... jury list , and drawing and summoning the grand jury , IV . Manner of returning the trial jury list , except in the city of New - York , Manner of returning the trial jury list , in the city of New - York , V. · VI . Drawing and ...
Page xxiii
... jury , 109 248. Definition of a jury of inquest , 109 249. Number of a trial jury , 109 250. Foreign juries , juries de medietate linguæ , and trial at bar , abolished 109 ARTICLE II . The qualifications and exemptions of jurors ...
... jury , 109 248. Definition of a jury of inquest , 109 249. Number of a trial jury , 109 250. Foreign juries , juries de medietate linguæ , and trial at bar , abolished 109 ARTICLE II . The qualifications and exemptions of jurors ...
Page xxiv
... jury list , and jus- tices ' jury list , 121 281. Manner of designating jurors on each , 121 282. Manner of returning jury lists , 121 283. Justices to have jury boxes , · 122 122 284. New ballots to be prepared annually , ARTICLE V ...
... jury list , and jus- tices ' jury list , 121 281. Manner of designating jurors on each , 121 282. Manner of returning jury lists , 121 283. Justices to have jury boxes , · 122 122 284. New ballots to be prepared annually , ARTICLE V ...
Page xxv
... jury for the marine court of 129 129 the city of New - York , 130 SECTION 308. Trial jury for marine court , 130 309. To be drawn for every alternate Monday , 130 310. Drawing , how conducted , 130 311. Jury list to be delivered to a ...
... jury for the marine court of 129 129 the city of New - York , 130 SECTION 308. Trial jury for marine court , 130 309. To be drawn for every alternate Monday , 130 310. Drawing , how conducted , 130 311. Jury list to be delivered to a ...
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Common terms and phrases
action or proceeding affidavit Amended Code appointed arrest ARTICLE attend bail ballots cause of action CHAPTER city and county city court city of New-York civil action commenced Commissioners common pleas constitution county clerk county court county jail county judge county of New-York county treasurer court of appeals court of chancery court of common court of oyer court of sessions COURTS OF JUSTICE courts of record defendant deliver district drawn elected execution filed grand jury hearing and determination held holding the court jail liberties judicial officer jurisdiction conferred jurors jury box last section manner marine court oyer and terminer party person places of holding plaintiff pleading police courts prescribed prisoner provided in section public offences real property reside sheriff special and trial special proceeding special statutes special terms superior court supreme court sureties surrogate surrogate's court terms and circuits thereof thereto tion trial jury list trial terms
Popular passages
Page 267 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. § 1 50. The counterclaim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action...
Page 250 - 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 304 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover 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 arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 249 - 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 706 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Page 386 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 706 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be, between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement, other than the contents of the writing, except in the following cases : 1.
Page 4 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 252 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2.
Page 281 - ... 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...