The Code of Civil Procedure of the State of New York: Reported Complete by the Commissioners on Practice and Pleading, Volume 2 |
From inside the book
Results 6-10 of 100
Page lxiv
... issue execution , 483 1140. Who deemed the successor , 483 1141. When two are equally entitled , supervisor to designate one , 484 SECTION 1149. Blank process not allowed , 1143. Every justice LXIV TABLE OF CONTENTS .
... issue execution , 483 1140. Who deemed the successor , 483 1141. When two are equally entitled , supervisor to designate one , 484 SECTION 1149. Blank process not allowed , 1143. Every justice LXIV TABLE OF CONTENTS .
Page lxxiii
... issue , 1320 . 552 If sheriff neglect , warrant to issue to coroner , 553 1321. Precept to sheriff , 553 1322. Cause of imprisonment inquired into , 1323. If no legal cause shown , discharge granted , 1324. Party to be remanded , in ...
... issue , 1320 . 552 If sheriff neglect , warrant to issue to coroner , 553 1321. Precept to sheriff , 553 1322. Cause of imprisonment inquired into , 1323. If no legal cause shown , discharge granted , 1324. Party to be remanded , in ...
Page lxxiv
... issue , 561 1344. Arrest also of the person having the custody of the party , 561 1345. Warrant , how executed , 561 1346 . Person to be committed , or bailed , 561 1347. For refusing a copy of order , forfeiture of $ 200 562 1348. When ...
... issue , 561 1344. Arrest also of the person having the custody of the party , 561 1345. Warrant , how executed , 561 1346 . Person to be committed , or bailed , 561 1347. For refusing a copy of order , forfeiture of $ 200 562 1348. When ...
Page lxxix
... issue against him , 1477. On appearance of party , how to proceed , 1478. Party found guilty , fined or imprisoned . 1479. Indemnity to party injured , also required , 621 621 621 621 · 622 SECTION 1480. Imprisoned in certain cases ...
... issue against him , 1477. On appearance of party , how to proceed , 1478. Party found guilty , fined or imprisoned . 1479. Indemnity to party injured , also required , 621 621 621 621 · 622 SECTION 1480. Imprisoned in certain cases ...
Page lxxx
... issue , 1483. Illness an excuse for not producing party , 622 622 623 623 TITLE V. Of assessments , 624 CHAPTER I. Assessment for local improvements , II . Opening of private roads , 624 630 CHAPTER I. Assessment for local improvements ...
... issue , 1483. Illness an excuse for not producing party , 622 622 623 623 TITLE V. Of assessments , 624 CHAPTER I. Assessment for local improvements , II . Opening of private roads , 624 630 CHAPTER I. Assessment for local improvements ...
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Common terms and phrases
action or proceeding affidavit Amended Code appointed arrest ARTICLE attend bail ballots cause of action CHAPTER city and county city court city of New-York civil action commenced Commissioners common pleas constitution county clerk county court county jail county judge county of New-York county treasurer court of appeals court of chancery court of common court of oyer court of sessions COURTS OF JUSTICE courts of record defendant deliver district drawn elected execution filed grand jury hearing and determination held holding the court jail liberties judicial officer jurisdiction conferred jurors jury box last section manner marine court oyer and terminer party person places of holding plaintiff pleading police courts prescribed prisoner provided in section public offences real property reside sheriff special and trial special proceeding special statutes special terms superior court supreme court sureties surrogate surrogate's court terms and circuits thereof thereto tion trial jury list trial terms
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 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 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 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 4 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
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 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...