The Code of Civil Procedure of the State of New York: Reported Complete by the Commissioners on Practice and Pleading

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Weed, Parsons & Company, public printers, 1850 - Civil procedure - 791 pages

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Contents

The superior court of the city of New York
39
Business of the special terms
45
The court of common pleas of the city of
47
ARTICLE II
63
The justices courts in general
74
Means to be used by court or judicial officer
76
The justices courts of the cities of Albany Hudson and Troy
78
tice
85
Courts not to be open on certain days except
89
Of judicial officers
97
Powers of county judge in cases of supreme
100
TITLE III
105
Drawing and summoning the trial jury for the circuits
108
Definition of a trial jury
109
ARTICLE II
110
Who may be excused
112
Manner of returning the grand jury list and drawing and summoning the grand jury
113
of drawn grand jurors
114
Grand jury to be drawn from names depo sited How drawn for a city court
115
Misdescription of court not to invalidate order
116
Drawing how conducted
117
Panel to be delivered to sheriff
118
Penalty on grand jurors for nonattendance
119
Manner of returning the trial jury list except
121
ARTICLE VII
130
ARTICLE X
135
CHAPTER IV
141
District attorneys
152
The clerks of the courts of justice in general
157
Their powers and duties
160
ARTICLE IV
163
to another
164
He is the chief executive officer and conserva
165
County jails the keeping of prisoners therein
172
Jail liberties and the admission of prisoners
181
Execution and return of process by former
187
Provisions respecting persons committed under
189
Coroners
192
Duties of coroners when the sheriff is a party
194
Of persons specially invested with ministerial powers relating
201
Duties of attorneys and counsellors
204
ARTICLE VII
213
By whom proceedings may be instituted
215
ARTICLE I
219
CHAPTER III
221
Guardians
222
of the form of civil actions
225
Occupation under written instrument or judg
227
CHAPTER 1
232
The time of commencing actions other than for the recovery
233
Provision where judgment has been reversed
237
Power of court or judicial officer to adjourn
242
TITLE V
254
Proceedings when there are several defend
260
CHAPTER I
262
Counterclaim precludes another action for
266
CHAPTER VI
272
No error or defect to le regarded unless it af fect substantial rights
282
TITLE VII
283
Cases in which defendant may be arrested
284
Order for arrest by whom made
285
Order when made and its form
286
Defendant to be discharged on bail or deposit
287
Bail how proceeded against
288
Delivery of undertaking to plaintifi and its ac ceptance or rejection by him
289
Justification and allowance of bail
290
Deposit of money with sheriff
291
Security upon injunction to suspend business
298
of corporation
301
Affidavits on motion
302
Order for attachment by whom granted
303
Order to whom directed and what to require
304
Certificate of defendants interest to be fur nished by corporation
305
Proceeding in cases of perishable property
306
Defence in action on the security
307
Action to recover debts attached may prose be euted by plaintiff
309
Property may be released upon security
310
Attachment may be vacated on motion
311
Issues and the mode of trial
317
ARTICLE
324
ARTICLE III
330
Provisions relating to trials in general
334
The manner of giving and entering judgment
340
What the docket must contain
345
Satisfaction of judgment how entered
346
TITLE IX
347
His election or appointment 142
348
when
350
Persons arrested on execution to be imprisoned
352
When property is claimed by a third person sheriff may summon jury to try the claim
353
Manner of executing against property
354
Penalty for selling without notice
355
Certificate of sale of real property
356
Redemption may be by payment to purchaser
357
The evidence of the lien must be produced
358
CHAPTER II
362
Sheriffs and their duties in general 165
368
Referees fees
374
Actions on official securities and for fines
378
CHAPTER II
384
Actions for nuisance waste trespass on indian lands and wil ful trespass on other real property
386
Waste defined action therefor
387
Damages for wilfully cutting trees
388
Trespass on Indian lands
389
CHAPTER IV
390
Unknown owners made parties
393
Manner of making partition
394
Tenants in dower c not affected
395
When part only is sold life estate
396
Notice to creditors to make proof
397
Proceeds of sale how applied
398
Manner of litigating as to claims
399
Separate securities allowed
400
Sum in gross allowed for dower c
401
Unknown tenants in dower c
402
Dower how released
403
Report when confirmed
404
Proceeds when invested
405
Clerk to collect interest
406
Insare persons share
407
State may be party
408
survive
417
Representa ives regarded as one person
418
Real property of deceased not affected by judgment against executors and cannot be sold thereon
419
Next of kin who have received distribution liable for debts
420
Legatees when liable for debts
421
Heirs and devisees liable for debts
422
Preference of debts
423
Execution to be first enforced against princi
430
Actions against same official persons
432
county
435
Judgments against town officers how paid
436
CHAPTER II
437
Actions in justices courts
445
Complaint may be served with summons
451
Disposition of property when attached
457
Pleadings and trial
459
cient
461
Variance when aisregarded
462
Answer to be in writing when title to lands come in question
463
When title to land arises causes to be dis missed
464
In what cases adjournment allowed
465
Length of adjournment and proof required
467
Proceedings when jury is demanded
468
Six jurors to be drawn for trial
469
Adjournment after jury summoned not al lowed unless fees are paid
470
Judgment and execution
471
ARTICLE IV
480
TITLE XII
493
Appeals to the supreme court from an inferior court
501
Appeal to the court of common pleas of the city
504
provisions
512
Admission or inspection of writings
516
Papers lost or withheld how supplied
523
Of proceedings in surrogates courts 651
531
Its extent
536
If return defective how return ordered
537
edy
538
When peremptory writ allowed
539
Issues when tried
540
CHAPTER IV
541
Inquisition may be set aside
543
Owners may apply therefor
544
The writ of deliverance from imprisonment
545
deliverance from imprisonment
546
To whom application made
547
What application to state
548
Writ to be granted without delay
549
Writ may be made returnable before another officer
550
Contents of return
551
Person to be produced
552
If sheriff neglect warrant to issue to coroner
553
Party to be remanded in what cases
554
Legality of certain order and process not in quired into
555
Until judgment given party how kept
556
Return may be controverted
557
Judgment of discharge if imprisonment illegal
558
prisoned
559
Judge recommitting liable 659
560
In case of danger that party will be carried off warrant to issue
561
For refusing a copy of order forfeiture of 200
562
Writ how served
563
Possession when resumed Occupation deem
564
CHAPTER VI
565
Undertaking to be executed
566
Of summary proceedings
567
If answer made case to be put on calender 676
570
When part only is due and there is a surplus
589
Mortgages to the state included
590
Summary proceedings for obtaining possession of real proper ty in certain cases
592
deserts
593
Proceeding by complaint and action or order
594
Manner of service by an officer
595
Questions to be tried by justice or jury
596
Effect of removal upon the lease
597
When tenant may be restored
598
When tenant claims under another landlord
599
TITLE III
600
Liens on buildings
601
Liens on vessels
606
CIVIL CODE C
609
Liens on things doing damage upon real proper ty
610
four hours
611
Disposition of beasts when impounded
612
Other property and if there be no pound beasts when distrained to be kept by the distrainer
613
Notice to be served on the owner if known
614
General provisions
615
TITLE IV
617
What courts and judicial officers may punish
619
If party imprisoned he may be brought up
620
Warrant to be returned
621
Indemnity to party injured also required
622
TITLE V
624
CHAPTER II
630
Of the voluntary dissolution of corporations
633
TITLE VII
641
Party not appearing cannot recover costs
645
Proceedings in cases of insanity and habitual
656
Surrogate to ascertain and limit amount
662
Proceedings of insolvent to discharge himself from his debts
670
Of miscellaneous proccedings and general provisions
681
The collection and remission of fines and forfeitures
687
Several degrees of evidence specified
692
Direct evidence defined
699
Partial evidence defined
700
General divisions and arrangement
701
Of the general principles of evidence
702
fected
703
Declarations which are part of the transac tion
704
Contents of writing how proved
705
An agreement reduced to writing deemed the whole
706
The intention of the legislature or parties
707
Of the kinds and degrees of evidence
713
when to be continued before another offi
738
Judgment in general 313
749
CHAPTER
759
Judgment upon failure to answer 315
769
Whoever pays entitled to receipt
782
CHAPTER I
784
District attorneys 152
Provisions respecting suits heretofore com

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Common terms and phrases

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...

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