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
Results 1-5 of 80
Page 37
... possession to the property claimed , to be in the claimant ; by the party at whose instance the property was taken by the sheriff . 2. If they find adversely to the claimant , with respect to all the property claimed ; by the claimant ...
... possession to the property claimed , to be in the claimant ; by the party at whose instance the property was taken by the sheriff . 2. If they find adversely to the claimant , with respect to all the property claimed ; by the claimant ...
Page 124
... Possession , when presumed ; occupation presumed to be un der legal title . 369. Adverse possession under written instrument or judgment . 370. Id .; what constitutes it . 371. Adverse possession under claim of title not written . 372 ...
... Possession , when presumed ; occupation presumed to be un der legal title . 369. Adverse possession under written instrument or judgment . 370. Id .; what constitutes it . 371. Adverse possession under claim of title not written . 372 ...
Page 126
... Possession , when presumed ; occupation pre- sumed to be under legal title . - In an action to recover real property , or the possession thereof , the person who establishes a legal title to the premises is presumed to have been possessed ...
... Possession , when presumed ; occupation pre- sumed to be under legal title . - In an action to recover real property , or the possession thereof , the person who establishes a legal title to the premises is presumed to have been possessed ...
Page 127
... possession , by a person claiming title , not founded upon a written instrument , or a judg- ment or decree , land is deemed to have been possessed and occupied in either of the following cases , and no others : 1. Where it has been ...
... possession , by a person claiming title , not founded upon a written instrument , or a judg- ment or decree , land is deemed to have been possessed and occupied in either of the following cases , and no others : 1. Where it has been ...
Page 128
... possession of real property is not impaired or affected , by a descent being cast , in con- sequence of the death of a person in possession of the property . Id . , 87 . - § 375. Oertain disabilities excluded from time to commence ...
... possession of real property is not impaired or affected , by a descent being cast , in con- sequence of the death of a person in possession of the property . Id . , 87 . - § 375. Oertain disabilities excluded from time to commence ...
Contents
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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.