The Code of Procedure of the State of New York, Unabridged: Including All the Sections in Full as Originally Passed and Amended to and Including 1867 ; with Full and Copious Notes
Howard & Stover, 1867 - 944 pages
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The Code of Procedure of the State of New York, Unabridged: Including All ...
New York (State)
No preview available - 2019
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action adjournment affidavit allowed amended amount answer application appointed attachment attorney authority Barb brought cause cause of action claimed clerk Code commenced common pleas complaint constitution corporation costs county court county judge court of appeals court of common damages December decided decision defendant determination district dollars duty effect entered entitled error evidence execution exercise fact filed follows give given grant ground held hundred issue January judge judgment July jurisdiction jury justice justice's court lands manner March marine court matter ment motion necessary notice objection party peace person plaintiff pleadings possession proceedings provisions question record recover reference relation removal rendered resident respect reverse rule September served Smith Special Term statute sufficient suit summons superior court supreme court taken therein thereof tion trial United unless warrant witness York
Page 602 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 515 - 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 394 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Page 448 - ... die 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.
Page 430 - An action against a Sheriff, Coroner or Constable, upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution.
Page 433 - In an action brought to recover a balance due upon a mutual, open and current, account where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Page 447 - Within the age of twenty-one years ; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for...
Page 266 - In an action or defence founded upon an account or instrument for the payment of money only, it shall be sufficient for a party to deliver the account or instrument to the court, and to state that there is due to him thereon from the adverse party a specified sum, which he claims to recover or set off.
Page 84 - ... may be removed by the Senate, on the recommendation of the Governor ; but no removal shall be made by virtue of this section, unless the cause thereof be entered on the journals...
Page 153 - The jurisdiction of the superior court of the city of New York, of the court of common pleas for the city and county of New York, of the mayors' courts of cities, and of the recorders' courts of cities, shall extend to the following actions : 1.