The New York Code of Civil Procedure, as Amended To, and Including, 1889: Twenty-two Chapters Complete in One Volume : with References to Code Decisions to July 1, 1889S.S. Peloubet, 1889 - 702 pages |
From inside the book
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Page 12
... last three sections , must , upon his admission , take the Constitutional oath of office in open court , and subscribe the same in a roll or book , to be kept in the supreme court for that purpose . The clerk , upon the payment of the ...
... last three sections , must , upon his admission , take the Constitutional oath of office in open court , and subscribe the same in a roll or book , to be kept in the supreme court for that purpose . The clerk , upon the payment of the ...
Page 17
... last section . 99. Each constable seasonably notified , as prescribed in the last two sections , mut attend the term accordingly ; and for each day's neglect , he may be fined by the court , at the term which he was notified to attend ...
... last section . 99. Each constable seasonably notified , as prescribed in the last two sections , mut attend the term accordingly ; and for each day's neglect , he may be fined by the court , at the term which he was notified to attend ...
Page 37
... last section . When a vacancy occurs , for any cause except lapse of time , the Governor must designate a presiding or associate justice , as the case re- quires . An associate justice , thus designated , shall act for his predecessor's ...
... last section . When a vacancy occurs , for any cause except lapse of time , the Governor must designate a presiding or associate justice , as the case re- quires . An associate justice , thus designated , shall act for his predecessor's ...
Page 38
... last two sections , it may be made or filed at the earliest convenient time thereafter ; and the terms appointed thereby may be held pursuant to the same , after it has been published for the length of time , prescribed in the last section ...
... last two sections , it may be made or filed at the earliest convenient time thereafter ; and the terms appointed thereby may be held pursuant to the same , after it has been published for the length of time , prescribed in the last section ...
Page 43
... last section is held , must furnish the stenographer attending the same with a certificate of the number of days the term has been in session . Upon the certificates so furnished , the supreme court , at a special term thereof held ...
... last section is held , must furnish the stenographer attending the same with a certificate of the number of days the term has been in session . Upon the certificates so furnished , the supreme court , at a special term thereof held ...
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The New York Code of Civil Procedure, as Amended To, and Including, 1889 ... New York,Charles David Rust No preview available - 2015 |
Common terms and phrases
9 Civ action brought action or special affidavit am'd appeal application appointed attend attorney awarded cause of action certified chattel corporation costs county clerk county treasurer court of record court or judge creditor decedent decree defendant delivered directed discharge discretion docket dollars effect entitled execution executor or administrator fees filed final judgment final order granted guardian habeas corpus hundred interest issue of fact joinder of issue judgment debtor judgment or order judgment-roll jurisdiction jury justice last section letters testamentary liable lien ment mortgage notice otherwise paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section proof provision real property recover referee rendered resident served sheriff special proceeding specified subd summons Super supreme court sureties surrogate surrogate's court taken term therein thereto thereupon tion trial jurors undertaking virtue warrant of attachment writ
Popular passages
Page 81 - 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 81 - 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 89 - 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.
Page 433 - Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced. (4) Where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
Page 127 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 127 - ... in its discretion, and 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...
Page 67 - An action to redeem real property from a mortgage, with or without an account of rents and profits, may be maintained by the mortgagor, or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises, for twenty years after the breach of a condition of the mortgage, or the non-fulfillment of a covenant therein contained.
Page 125 - When .it is admitted by the pleading or examination of a party, that he has in his possession, or under his control, any money or other thing capable of delivery, which, being the subject of the...
Page 233 - If the person against whom the judgment is rendered is, at the time of filing the judgment-roll, either 1. Within the age of twenty-one years; or 2. Insane; or 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life; the time of such a disability is not a part of the time limited...
Page 230 - If the judgment to be confessed is for money due or to become due, it must state concisely the facts, out of which the debt arose ; and must show, that the sum confessed therefor is justly due, or to become due.