The New York Code of Civil Procedure ... Containing All Amendments to and Including the Session of 1893. With Annotations and References to the New York Consolidation Act |
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Page 10
... justice , the peace , who is a resident of that town , shall not sit asa justice of sessions , upon the hearing of the appeal . Except specified in this section , a judge of a court of record is not di qualified , from hearing or ...
... justice , the peace , who is a resident of that town , shall not sit asa justice of sessions , upon the hearing of the appeal . Except specified in this section , a judge of a court of record is not di qualified , from hearing or ...
Page 41
... justice whose designa- tion is revoked . 223. Designation , etc . , to be filed with Secretary of State . 224. Presiding and associate justices may act out of their departments . 225. Times and places of hold- ing general terms ; how ...
... justice whose designa- tion is revoked . 223. Designation , etc . , to be filed with Secretary of State . 224. Presiding and associate justices may act out of their departments . 225. Times and places of hold- ing general terms ; how ...
Page 42
... justice shall act as such , during his official term as a justice of the supreme court , and an asso- ciate justice for five years from the thirty - first day of Decem- ber , next after his designation ; or until the earlier close of ...
... justice shall act as such , during his official term as a justice of the supreme court , and an asso- ciate justice for five years from the thirty - first day of Decem- ber , next after his designation ; or until the earlier close of ...
Page 43
... justice is not present , at the time and place appointed for holding a general term , the associate justice present , having served the longest time as such , or , if two are present who have served the same length of time , the elder ...
... justice is not present , at the time and place appointed for holding a general term , the associate justice present , having served the longest time as such , or , if two are present who have served the same length of time , the elder ...
Page 44
... justice who shall hold , or preside at each term , except a general term ; and he must give notice of the appointment , in such manner as , in his judgment , the public interest requires . § 235. Any justice of the supreme court has ...
... justice who shall hold , or preside at each term , except a general term ; and he must give notice of the appointment , in such manner as , in his judgment , the public interest requires . § 235. Any justice of the supreme court has ...
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Common terms and phrases
action brought action or special adverse party affidavit Am'd appeal application appointed attend attorney awarded bail cause of action certified chattel clerk commenced corporation costs county clerk county judge county treasurer court of record court or judge creditor damages debt decedent decree deemed defendant delivered deposit direct discharge discretion duly entitled execution executor or administrator filed final judgment granted guardian habeas corpus hundred interest judgment debtor jurisdiction jury justice last section letters of administration letters testamentary liable ment N. Y. State Rep notice otherwise paid payment personal property petition petitioner plaintiff pleading prescribed by law prescribed in section proof provisions real property recover referee rendered resident served sheriff special proceeding specified summons supreme court sureties surrogate surrogate's court taken term therein thereto thereupon tion trial jurors trustee undertaking unless warrant of attachment writ
Popular passages
Page 93 - 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 trustee of an express trust, within the meaning of this section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another.
Page 94 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Page 79 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item, proved in the account on either side.
Page 108 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the court may order the pleading to be amended, upon such terms as may be just.
Page 76 - ... 1. Where it has been usually cultivated or improved. 2. Where it has been protected by a substantial inclosure. 3. Where, although not inclosed, it has been used for the supply of fuel, or of fencing timber, either for the purposes of husbandry, or for the ordinary use of the occupant.
Page 261 - 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 offence for a term less than for life ; or, 4. A married woman, — The time, during which such disability...
Page 125 - Where the defendant is either a foreign corporation or not a resident of the state; or, 7. If he is a natural person and a resident of the state, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent; or, 8.
Page 115 - For the purpose of justification, each of the bail must attend before the judge, at the time and place mentioned in the notice^ and be examined on oath, on the part of the plaintiff, touching his sufficiency, in such manner as the judge, in his discretion, thinks proper. The...
Page 101 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief; 2.
Page 164 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...