The Code of Civil Procedure of the State of New-York |
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Page 6
... Amended code , sec . 142 , subd . 2 ; and in the general rule of pleading , that , " in the construction of a pleading , for the purpose of determining its effect , its allegations shall be liber- ally construed , with a view to ...
... Amended code , sec . 142 , subd . 2 ; and in the general rule of pleading , that , " in the construction of a pleading , for the purpose of determining its effect , its allegations shall be liber- ally construed , with a view to ...
Page 12
... amended code , for which they are substituted . 18. When the violation of a right admits of both a civil and criminal remedy , the right to prosecute the one is not merged in the other . Same as amended code , sec . 7. This section is ...
... amended code , for which they are substituted . 18. When the violation of a right admits of both a civil and criminal remedy , the right to prosecute the one is not merged in the other . Same as amended code , sec . 7. This section is ...
Page 21
... amended code , sec . 11. The second subdivision , which provides for an ap- peal from an order , in certain cases ... code of 1848 , sec . 12. This section was altered in the amended code , sec . 12 , by authorising the court to re ...
... amended code , sec . 11. The second subdivision , which provides for an ap- peal from an order , in certain cases ... code of 1848 , sec . 12. This section was altered in the amended code , sec . 12 , by authorising the court to re ...
Page 23
... section . § 34. The concurrence of five judges is necessary , to pronounce a judgment . If five do not concur , the case must be reheard . This section is the same as section 14 , of the code of 1848 . It was altered in the amended code ...
... section . § 34. The concurrence of five judges is necessary , to pronounce a judgment . If five do not concur , the case must be reheard . This section is the same as section 14 , of the code of 1848 . It was altered in the amended code ...
Page 24
... . Additional terms may also be held , by order of the court . This section is substantially the same as in the code of 1848 , sec . 13. It was , however , amended in the amended code , sec . 13 , by providing that " there shall be at 24 THE ...
... . Additional terms may also be held , by order of the court . This section is substantially the same as in the code of 1848 , sec . 13. It was , however , amended in the amended code , sec . 13 , by providing that " there shall be at 24 THE ...
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Common terms and phrases
action or proceeding affidavit Amended Code appointed arrest ARTICLE attend attorney and counsellor CHAPTER city and county city court city of New-York civil action code of criminal commenced Commissioners committed common pleas coroner county clerk county court county jail county of New-York county treasurer court of appeals court of common court of oyer court of record court of sessions COURTS OF JUSTICE defendant deliver district drawn elected execution filed hearing and determination held holding the court indictment jail liberties judicial officer jurisdiction conferred jurors justice's court last section marine court oyer and terminer party pending therein person plaintiff police courts powers and duties prescribed prisoner provided in section public offences punishable with death real property reside sheriff special and trial special proceeding special statutes special terms superior court supreme court surrogate surrogate's court terms and circuits thereof thereto tion trial jury list trial terms vacancy
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 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 a 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 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 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 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...
Page 239 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.