The New York Justice's Manual, Containing All the Laws of the State Relating to the Official Tenure and Duties of a Justice of the Peace, and the Proceedings in Civil Cases Before Him, in Force on the First of Sept., 1881: With Explanatory Notes and an Appendix of Forms
J.D. Parsons, 1881 - 880 pages
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action brought action or special action to recover adjournment affidavit amended appeal appellate court application attorney cause of action certified chapter chattel Civil Procedure claim Code of Procedure commenced commissioners constable copy costs counterclaim county clerk courts of record damages defendant delivered demand discharge docket dollars effect entitled evidence execution fees filed former statute hereby hundred inserting issued joinder of issue judge judgment judgment debtor jurisdiction juror jury justice justice's court JUSTICE'S MANUAL last section lien ment notice oath officer omitting order of arrest owner party peace penalty person plaintiff precept prescribed by law prescribed in section Proc proof provisions real property relating rendered repealed replevied resident sentence served sheriff special proceeding specified subd subpoena substituting summons superior city sureties taken therein thereof thereto thereupon tion town or city transcript trial undertaking warrant of attachment witness words
Page 188 - 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. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 200 - 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...
Page 371 - Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person...
Page 193 - 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 230 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 230 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.