The Code of Procedure of the State of New York: As Amended by the Legislature, by an Act Passed July 10, 1851, with Notes of Decisions and References to Th Rules and Form of Practice, with a Copious Index |
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Page 27
... proof on the trial , and the alle- Variance , gations in a pleading , shall be disregarded as immaterial , regarded . unless the court shall be satisfied , that the adverse party has been misled to his prejudice thereby . Amending 11 ...
... proof on the trial , and the alle- Variance , gations in a pleading , shall be disregarded as immaterial , regarded . unless the court shall be satisfied , that the adverse party has been misled to his prejudice thereby . Amending 11 ...
Page 54
... proof of the service , to the person whose name is subscribed thereto , with all reasonable diligence . The person sub- scribing the summons , may , at his option , by an endorsement on the summons , fix a time for the service thereof ...
... proof of the service , to the person whose name is subscribed thereto , with all reasonable diligence . The person sub- scribing the summons , may , at his option , by an endorsement on the summons , fix a time for the service thereof ...
Page 57
... Proof of the service of the summons , and Service of of the complaint or notice , if any , accompanying the same must how pro- be as follows : 1. If served by the sheriff , his certificate thereof ; or , 2. If by any other person , his ...
... Proof of the service of the summons , and Service of of the complaint or notice , if any , accompanying the same must how pro- be as follows : 1. If served by the sheriff , his certificate thereof ; or , 2. If by any other person , his ...
Page 60
... proof of the service , and of the defendant's 1849 . omission , may proceed to obtain judgment , as provided by section 246 , but where an application to the court for judgment is necessary , eight days notice thereof must be given to ...
... proof of the service , and of the defendant's 1849 . omission , may proceed to obtain judgment , as provided by section 246 , but where an application to the court for judgment is necessary , eight days notice thereof must be given to ...
Page 65
... proof of a fact admitted or alleged in such pleading . As to the manner of verification , see Fitch agt . Bigelow , et al . , 5 How . 237 ; Van Horne , president & c . agt . Montgomery , id . 238 ; Gamble vs. Beatty , 4 How . 41 ...
... proof of a fact admitted or alleged in such pleading . As to the manner of verification , see Fitch agt . Bigelow , et al . , 5 How . 237 ; Van Horne , president & c . agt . Montgomery , id . 238 ; Gamble vs. Beatty , 4 How . 41 ...
Other editions - View all
The Code of Procedure of the State of New York: As Amended by the ... H. S. McCall No preview available - 2017 |
The Code of Procedure of the State of New York: As Amended by the ... New York,Henry Strong McCall No preview available - 2016 |
The Code of Procedure of the State of New-York; As Amended by the ... H. S. McCall No preview available - 2017 |
Common terms and phrases
abolished adverse party affidavit allegation allowed Amended amount answer apply appointed attachment attorney bail Barb brought cause of action ceedings CHAPTER city of New-York civil actions claim clerk Code Rep commenced common pleas complaint copy corporation costs county court county judge court of common court or judge damages decree deemed defendant deliver delivery demurrer deposit docketed dollars effect entered entitled examined execution fees fendant filed granted hundred injunction issue of fact issue of law judgment debtor judgment roll jurisdiction jury justice letters patent liable manner ment motion notice oyer and terminer Passed personal property plaintiff pleading prescribed proceed proceedings prosecuted provisional remedy quo warranto real property recover referees rendered resident Revised Statutes Sand scire facias served sheriff special term specified summons superior court supreme court Supreme Court Rule sureties therein thereof tion tried twenty days undertaking unless verdict writ
Popular passages
Page 75 - ... 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 attachment, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 40 - An action against a Sheriff, Coroner or Constable, upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution. But this Section shall not apply to an action for an escape. 2. An action upon a statute, for a penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the State, except where the statute imposing it prescribes...
Page 60 - ... The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; 2.
Page 70 - 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, or a mistake in any other respect...
Page 49 - 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 66 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Page 71 - ... 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 90 - 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 83 - ... if they, or others in their place, fail to justify, at the time and place appointed, he shall deliver the property to the plaintiff.
Page 42 - Within the age of twenty-one years ; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or, in execution under the sentence of a criminal court, for a term less than his natural life ; The time of such disability is not a part of the time limited, for the commencement of the action...