The Code of Procedure of the State of New York, with Art. VI of the Constitution, Also the Rules of the Court of Appeals and Supreme Court, and the Special Rules of the Several Courts of the City of New York, as Amended to May 26, 1876J.D. Parsons, Jr., 1876 - 481 σελίδες |
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Αποτελέσματα 1 - 5 από τα 59.
Σελίδα 22
... specified , and not more than twelve days from the date thereof , to answer the complaint of said plaintiff ; and the said summons shall contain a notice to the defendant that , in case he shall fail to appear at the time and place ...
... specified , and not more than twelve days from the date thereof , to answer the complaint of said plaintiff ; and the said summons shall contain a notice to the defendant that , in case he shall fail to appear at the time and place ...
Σελίδα 29
... specified sum , which he claims to recover or set off . 10. A variance between the proof on the trial and the allegations in a pleading shall be disregarded as immaterial , unless the court shall be satisfied that the adverse party has ...
... specified sum , which he claims to recover or set off . 10. A variance between the proof on the trial and the allegations in a pleading shall be disregarded as immaterial , unless the court shall be satisfied that the adverse party has ...
Σελίδα 30
... specified time , to exhibit his account on demand , or state the nature thereof as far forth as may be in his power , and in case of his default , pre- clude him from giving evidence of such parts thereof as shall not have been so ...
... specified time , to exhibit his account on demand , or state the nature thereof as far forth as may be in his power , and in case of his default , pre- clude him from giving evidence of such parts thereof as shall not have been so ...
Σελίδα 31
... specified in the offer , he shall not re- cover costs , but shall pay to the defendant his costs accruing subsequent to the offer . TITLE VII . Of Justices ' and other Inferior Courts in Cities . CHAPTER I. The marine court of the city ...
... specified in the offer , he shall not re- cover costs , but shall pay to the defendant his costs accruing subsequent to the offer . TITLE VII . Of Justices ' and other Inferior Courts in Cities . CHAPTER I. The marine court of the city ...
Σελίδα 37
... specified , in case such patent or grant had not been issued or made . 277. When letters patent or grants of real prop- erty shall have been issued or made by the people of this state , and the same shall be declared void by the ...
... specified , in case such patent or grant had not been issued or made . 277. When letters patent or grants of real prop- erty shall have been issued or made by the people of this state , and the same shall be declared void by the ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
adverse party affidavit allowed amended amount answer apply appointed attachment attorney bail brought cause of action certified CHAPTER city and county Civil Actions claim clerk Code commenced common pleas complaint copy corporation costs county court county judge court of appeals court of common damages day calendar deemed defendant deliver demurrer deposited direct district docketed dollars effect entered entitled erty examination execution fendant filed granted guardian heard hereafter infant issue of fact issue of law judgment debtor jurisdiction jury justice letters patent manner ment mortgage motion order of arrest oyer and terminer papers payment pending personal property plaintiff pleading premises prescribed proceedings proof provisional remedy real property recover recovery referee remittitur rendered residence Rule served sheriff special term specified statute summons superior court supreme court sureties taken therein thereof thereto thereupon tion twenty days undertaking unless verdict Voorhis York
Δημοφιλή αποσπάσματα
Σελίδα 74 - 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, or a mistake in any other respect...
Σελίδα 64 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; 2.
Σελίδα 38 - Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises under claim of title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent court ; and that there has been a continued occupation and possession of the premises included in such instrument, decree or judgment, or of some part of.
Σελίδα 50 - 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 53 - 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.
Σελίδα 60 - ... in case of publication, where the residence of a nonresident or absent defendant is known, the court or judge must direct a copy of the summons and complaint to be forthwith deposited in the postoffice, directed to the person to be served, at his place of residence.
Σελίδα 70 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Σελίδα 65 - When any of the matters enumerated in section forty do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Σελίδα 36 - The people of this state will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless : 1.
Σελίδα 85 - He must, without delay, serve on the defendant a copy of the affidavit, notice, and undertaking, by delivering the same to him personally, if he can be found, or to his agent from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion...