Aulls' Quizzer on the New York Code of Civil Procedure, Being a Complete Digest Touching Fully on the Important Sections of the Code, Including the Mechanic's Lien Law in Effect September 1, 1897...for the Use of Students, Justices of the Peace and the Practitioner1904 - Civil procedure - 143 pages |
Common terms and phrases
action brought adverse party affidavit allegation answer Appellate Division application appointed arbitrators attorney brings an action cause of action chattel claims clerk Code complaint contract corporation counterclaim County Court court of record creditors damages debt default defendant demand demur devise directed discharged docketed enforced entitled evidence execution executor or administrator facts filed final judgment final order Give granted indorsed infant issued judge judgment debtor judgment rendered judgment roll jurisdiction jury justice letters testamentary liable lien mortgage motion obtain order of arrest payment personal property plaintiff pleading possession provisional remedy purchaser real estate real property recover Redfield Surr referee replevy resides served sheriff show cause special proceeding Special Term Statute of Limitations subpoena subpoena duces tecum sues summons Supreme Court sureties surrogate taken testamentary thereof tion twenty days undertaking valid verdict Wait's Prac warrant Willard on Ex witness writ York
Popular passages
Page 68 - 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 68 - 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.
Page 111 - ... that if the defendant recovers judgment, or if the warrant is vacated, the plaintiff will pay all costs, which 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 must be at least two hundred and fifty dollars.
Page 68 - A motion, upon notice, in an action in the supreme court, must be made within the judicial district, in which the action is triable, or in a county adjoining that in which it is triable...
Page 65 - If a person entitled to bring an action die 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.
Page 110 - In an action, brought by or against a corporation, the plaintiff need not prove, upon the trial, the existence of the corporation, unless the answer is verified, and contains an affirmative allegation that the plaintiff, or the defendant, as the case may be, is not a corporation.
Page 97 - ... 1. That the plaintiff is the owner of the property claimed, (particularly describing it,) or is lawfully entitled to the possession thereof, by virtue of a special property therein; the facts in respect to which shall be set forth : 2.
Page 91 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 87 - A copy of the notice must be published at least once in each of the six weeks immediately preceding the sale, in a newspaper published in the county...
Page 110 - ... removed or disposed of his property with intent to defraud his creditors, or is about to remove or dispose of the same with like intent...