Parson's Complete Annotated Pocket Code: The New York Code of Civil Procedure...as Amended in 1891H.B. Parsons, 1891 - 931 pages |
From inside the book
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Page 162
... petitioner . § 458. [ Amended , 1891. ] Who may petition for leave to prosecute as a poor person . A poor person , whether an adult or infant , not being of ability to sue , who alleges that he has a cause of action against another ...
... petitioner . § 458. [ Amended , 1891. ] Who may petition for leave to prosecute as a poor person . A poor person , whether an adult or infant , not being of ability to sue , who alleges that he has a cause of action against another ...
Page 163
... petitioner , required to be contained in a petition for leave to prosecute as a poor person ; and it must be ... petitioner to take of maintain an appeal , as a poor person ; but where an appeal is taken by the adverse party , the order ...
... petitioner , required to be contained in a petition for leave to prosecute as a poor person ; and it must be ... petitioner to take of maintain an appeal , as a poor person ; but where an appeal is taken by the adverse party , the order ...
Page 164
... petitioner , as respondent in the appeal . New . Ostrander v . Harper , 14 How . 16 ; Moore . Cooley , 2 Hill , 412 ; McDonald v . Bank , 2 How . 35 ; Bolton v . Gardner , 3 Paige , 273 . 467. Costs in favor of petitioner . - Where ...
... petitioner , as respondent in the appeal . New . Ostrander v . Harper , 14 How . 16 ; Moore . Cooley , 2 Hill , 412 ; McDonald v . Bank , 2 How . 35 ; Bolton v . Gardner , 3 Paige , 273 . 467. Costs in favor of petitioner . - Where ...
Page 29
... petitioner , or his attorney , and directed to such unknown heirs or their representatives be served upon them by the publication thereof , the same to be published once in each week for six successive weeks in a newspaper published in ...
... petitioner , or his attorney , and directed to such unknown heirs or their representatives be served upon them by the publication thereof , the same to be published once in each week for six successive weeks in a newspaper published in ...
Page 189
... petitioner , to the effect that he believes it to be true ; and must state , in substance : 1. That the person in ... petitioner . 4. If the imprisonment or restraint is by virtue of a mandate , a copy thereof must be annexed to the pe ...
... petitioner , to the effect that he believes it to be true ; and must state , in substance : 1. That the person in ... petitioner . 4. If the imprisonment or restraint is by virtue of a mandate , a copy thereof must be annexed to the pe ...
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Common terms and phrases
action or special administrator affidavit am'd Amended appeal application appointed attend attorney awarded Barb cause of action certified chapter chattel clerk commissioner copy corporation county clerk county judge court of record court or judge creditor damages decedent decree defendant delivered deposit directed discharge docket Duer effect eighteen hundred entitled execution executor filed final judgment final order granted habeas corpus issue of fact judgment debtor jurisdiction jury justice last section laws of eighteen letters testamentary liable lien Matter ment New-York notice otherwise Paige payment personal property petition petitioner plaintiff pleading prescribed by law prescribed in section prisoner Proc proof provision real property recover referee rendered resident Sandf served sheriff Smith special proceeding specified stenographer supreme court sureties surrogate surrogate's court taken term therein thereof thereto thereupon tion trial jurors undertaking Wend writ
Popular passages
Page 313 - Upon the trial of an action, or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through or under whom such a party or Interested person derives his interest or title, by assignment or otherwise, shall not be examined as a witness, in his own behalf or interest, or in behalf of the party succeeding to his title or interest...
Page 24 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order in his client's favor, and the proceeds thereof in whosesoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after judgment or final order.
Page 366 - ... evident miscalculation of figures, or an evident mistake in the description of any person, thing, or property, referred to in the award.
Page 141 - Where the will has been lost, concealed, or destroyed, the cause of action is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts upon which its validity depends.
Page 201 - 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 163 - In any other case, to the president or other head of the corporation, the secretary or clerk to the corporation, the cashier, the treasurer, or a director or managing agent.
Page 207 - Upon the application of either party, the court may, and, in a proper case, must, upon such terms as are just, permit him to make a supplemental complaint, answer or reply, alleging material facts which occurred after his former pleading, or of which he was ignorant when it was made ; including the judgment or decree of a competent court, rendered after the commencement of the action, determining the matters in controversy, or a part thereof.
Page 341 - ... making an affidavit that he received it from the agent, that the agent is dead, or from sickness or other casualty...
Page 183 - ... would have been liable to an action in favor of the decedent by reason thereof if death had not ensued.
Page 135 - ... 4. Where a known farm or a single lot has been partly improved, the portion of such farm or lot that may have been left not cleared or not inclosed, according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.