The Code of Procedure of the State of New York, as Amended to 1873: With Notes on Pleading and Practice, Rules of the Courts, and a Full Index

Εξώφυλλο
Baker, Voorhis & Company, 1873 - 899 σελίδες
 

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Περιεχόμενα

Publication of appointment 26 Inability of judge
25
TITLE IV
26
The county courts
30
General terms
31
HE CITY OF NEW YORK AND THE MAYORS AND
32
The courts of justices of the peace 11 The superior court of the city of New York
33
Common pleas for New York to review certain judgments
34
General and special terms Fees
35
By whom held 37 Judgments where given
36
Concurrence of two judges necessary
38
Criers
39
Superior court judges
40
Obsolete
43
Terms of superior court
46
Suits may be transferred
47
Jurisdiction of transferred suits
48
Repealed
49
Appeal
50
Section applied
51
The court of common pleas for the city and county of New York
69
PART II
70
The mayors courts of cities 14 The recorders courts of cities 15 The marine court of the city of New York
71
When action deemed commenced
83
TITLE IV
117
OF THE PLEADINGS IN CIVIL ACTIONS
144
275
196
Defendant to demur or answer
202
Requisition to sheriff to take and deliver the property
209
OF THE SUPERIO
211
500
218
289
224
Reply demurrer to answer
235
Material variances how provided for
261
TITLE VI
277
The justices district courts in the city of New York 17 The justices courts of cities 18 The police courts This enumeration is far from complete
278
297
323
Powers of court as to receivers deposit of money c
347
OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS
354
188ues and the mode of trial
366
Notice of trial separate trials
373
502
384
Action for discovery abolished
390
SEC 266 Triath
396
All issues referable by consent
402
503
403
385
413
Costs
478
bail
481
therefor
483
OF JUSTICES AND
522
611
525
Appeals to the court of appeals
531
398
539
waived
540
On judgment for money security to stay execution New undertaking on sureties in the first becoming insolvent Deposit in lieu of undertaking
542
If judgment be to deliver document or personal property it must be deposited or security given
543
If judgment be to execute conveyance it must be executed and deposited
544
Stay of proceedings upon security Dispensing with security
545
Undertakings may be in one instrument or several
546
Perishable property may be sold notwithstanding appeal
547
Undertaking must be filed Appeals from orders
548
Security must be given as upon appeal to court of appeals
549
Appeals in the supreme court and the superior court and court of common pleas of the city of Nero York from a single judge to the general term SE...
550
401
560
Appeal to the court of common pleas for the city and county of New York or to a county court from an inferior court SEC 351 Existing laws repeale...
561
402
566
How made if justice be out of office
571
Further return
572
365 Appeal to be heard on the original papers
573
531
575
Judgmentroll
582
Restitution
583
MISCELLANEOUS PROCEEDINGS
587
Party how compelled to attend
607
Motions and orders
627
Affidavits defectively entitled
637
Accountability of guardians
644
Claim and delivery of personal property
645
CHAPTER II Actions in place of scire facias quowarranto and of informations
650
Provisions of the revised statutes applicable to actions
657
Actions to determine conflicting claims to real property and
664
PROVIS
674
RULES OF COURTS
681
Repeal of existing provisions 53 Jurisdiction
722
RULES OF COURT OF APPEALS
760
JUDICIARY ARTICLE OF AMENDED CONSTITUTION
768
408
770
ACT TO REGULATE PROCEEDINGS AGAINST CORPORATIONS BY INJUNC
775
409
805
679
827
681
854

Συχνά εμφανιζόμενοι όροι και φράσεις

Δημοφιλή αποσπάσματα

Σελίδα 108 - 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.
Σελίδα 262 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party...
Σελίδα 101 - 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...
Σελίδα 79 - ... 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.
Σελίδα 379 - In an action for the recovery of money only, or specific real property, the jury in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues...
Σελίδα 276 - When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.
Σελίδα 592 - The defendant may, at any time before the trial or verdict, serve upon the plaintiff, an offer in writing to allow judgment to be taken against him, for the sum or property, or to the effect therein specified, with costs.
Σελίδα 103 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Σελίδα 70 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
Σελίδα 21 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.

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