Annual Report of the Commissioners of Statutory Revision of the State of New York. Transmitted to the Legislature April 5, 1900, Volume 1James B. Lyon, State Printer, 1900 - Civil procedure |
From inside the book
Results 1-5 of 100
Page 5
... justice to include in the Code of Procedure that practice only which must be applied during the progress of an ordinary action , or in certain special actions , and including incidental and unusual procedure in other statutes . Many ...
... justice to include in the Code of Procedure that practice only which must be applied during the progress of an ordinary action , or in certain special actions , and including incidental and unusual procedure in other statutes . Many ...
Page 22
... justice , by a party against another party , for the enforcement or protection of a right , the redress or prevention of a wrong , or the punishment of a public offence . [ Code , § 3333 , without change . ] 83. “ Special proceeding ...
... justice , by a party against another party , for the enforcement or protection of a right , the redress or prevention of a wrong , or the punishment of a public offence . [ Code , § 3333 , without change . ] 83. “ Special proceeding ...
Page 23
... justice , surrogate , recorder , justice of the peace , or other judicial officer , authorized or required to act , or prohibited from acting , in or with respect to the matter or thing , referred to in the provision wherein that word ...
... justice , surrogate , recorder , justice of the peace , or other judicial officer , authorized or required to act , or prohibited from acting , in or with respect to the matter or thing , referred to in the provision wherein that word ...
Page 28
... justice of the supreme court within the same judicial district . The supreme court , on the application of either party , made upon notice , and on proof that the county judge is in- capable to act in an action or special proceeding ...
... justice of the supreme court within the same judicial district . The supreme court , on the application of either party , made upon notice , and on proof that the county judge is in- capable to act in an action or special proceeding ...
Page 29
... justice of the supreme court possesses in a like action or special proceeding , brought in the supreme court . [ Code Civ . Pro . , § 348 , without change . ] § 18. Power of county judge in special proceedings . - The county judge also ...
... justice of the supreme court possesses in a like action or special proceeding , brought in the supreme court . [ Code Civ . Pro . , § 348 , without change . ] § 18. Power of county judge in special proceedings . - The county judge also ...
Common terms and phrases
action brought action or special adverse party affidavit appeal appellate division application appointed attorney awarded bail cause of action certified chattel claim clerk Code commencement complaint corporation costs court of record court or judge damages deemed defendant delivered deposition direct discharge discretion docket dower effect entitled erty execution fees filed final judgment final order granted habeas corpus hundred interest interlocutory judgment issue of fact judgment creditor judgment debtor judgment or order judgment-roll jurors jury justice last section letters testamentary liability lien ment mortgage motion notice officer otherwise paid paid into court papers payment personal property petition plaintiff pleading prescribed by law prescribed in section proceeds proof PROPOSED ALTERNATIVE SECTION provisions real property receiver referee rendered served sheriff special proceeding specified summons supreme court sureties taken term therein thereto tion trial undertaking unless verdict virtue warrant of attachment writ writ of certiorari
Popular passages
Page 47 - 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 124 - ... in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers 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...
Page 80 - The affidavit of verification must be to the effect that the pleading is true to the knowledge of the deponent, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Page 289 - 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 141 - On such an application the defendant must give an undertaking with at least two sufficient sureties, to the effect that he will on demand pay to the plaintiff the amount of any judgment which may be recovered in the action against him, not exceeding a sum specified in the undertaking, with interest.
Page 203 - ... unable to deliver it : that it has not been opened or altered since he received it...
Page 101 - For the purpose of justification, each of the bail must attend before the judge or county clerk, at the time and place mentioned in the notice, and may be examined on oath on the part of the plaintiff, touching his sufficiency, in such manner as the judge or clerk, in his discretion, may think proper. The examination must be reduced to writing, and subscribed by the bail, if required by the plaintiff.
Page 70 - 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 309 - ... heretofore or hereafter granted by the United States, or by a state, for military or naval services; a sword, horse, medal, emblem or device of any kind presented as a testimonial for services rendered in the military or naval service of the United States or...
Page 364 - ... or may modify, the judgment or order appealed from, and each interlocutory judgment or intermediate order, which it is authorized to review, as specified in the notice of appeal, and as to any or all of the parties.