The New York Code of Civil Procedure: As Amended To, and Including 1887 ... |
From inside the book
Results 1-5 of 79
Page 15
... deposited and recorded in the office of the Secretary of State , unless it has already been done ; and must remain of record . 28. The seal kept by a county clerk , as prescribed in the last section , shall continue to be the seal of ...
... deposited and recorded in the office of the Secretary of State , unless it has already been done ; and must remain of record . 28. The seal kept by a county clerk , as prescribed in the last section , shall continue to be the seal of ...
Page 15
... depositing the paper in a post - office in the city or town where his office is located , properly inclosed in a post - paid wrapper , directed to him at his office . A service thus made is equivalent to personal service upon him . § 61 ...
... depositing the paper in a post - office in the city or town where his office is located , properly inclosed in a post - paid wrapper , directed to him at his office . A service thus made is equivalent to personal service upon him . § 61 ...
Page 18
... depositing the same in the post - office , properly A mandate directed and delivered to a enclosed in a post - paid wrapper , addressed to the clerk , at the place where his office is situated ; unless the officer , making the return in ...
... depositing the same in the post - office , properly A mandate directed and delivered to a enclosed in a post - paid wrapper , addressed to the clerk , at the place where his office is situated ; unless the officer , making the return in ...
Page 19
... deposit with him such reasonable sum , as may be necessary to cover his legal fees , and the jurors ' fees The sheriff must return to each party the balance of the sum so deposited by him , after deducting the fees , lawfully chargeable ...
... deposit with him such reasonable sum , as may be necessary to cover his legal fees , and the jurors ' fees The sheriff must return to each party the balance of the sum so deposited by him , after deducting the fees , lawfully chargeable ...
Page 32
... deposited in bank . § 204. Clerk to report to court of ap- peals concerning money . 205. Amount deposited to be certified by cashier . 206 . Court may order money to be invested ; restrictions as to drawing money from bank . 207. Court ...
... deposited in bank . § 204. Clerk to report to court of ap- peals concerning money . 205. Amount deposited to be certified by cashier . 206 . Court may order money to be invested ; restrictions as to drawing money from bank . 207. Court ...
Common terms and phrases
9 Civ action brought action or special affidavit am'd appeal application appointed attend attorney awarded bond cause of action certified chattel citation copy corporation costs county clerk county treasurer court of record court or judge creditor damages debt decedent decree defendant delivered deposit directed discharge discretion docket dower effect entitled execution executor or administrator fees filed final judgment final order granted guardian habeas corpus hundred infant interest issue of fact joinder of issue judgment debtor jurisdiction jury justice last section letters testamentary liable lien mortgage notice otherwise paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section prisoner proof provisions real property recover referee rendered resident served sheriff special proceeding specified subpoena summons supreme court sureties surrogate surrogate's court taken term testamentary therein thereof thereto thereupon tion trial jurors trustee undertaking warrant of attachment writ
Popular passages
Page 79 - 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.
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 79 - 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 87 - 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 111 - 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 80 - 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 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 87 - 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. A statement of any new matter constituting a defence or counterclaim, in ordinary and concise language, without repetition.
Page 433 - Where there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing, or property, referred to in the award 'i.
Page 69 - Where a person is disabled to sue in the courts of the State, by reason of either party being an alien subject or citizen of a country at war with the United States, the time of the continuance of the disability is not a part of the time limited for the commencement of the action.