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 NotesHoward & Stover, 1867 - 944 pages |
From inside the book
Results 1-5 of 100
Page ix
... pleadings . 2. Pleadings , how put in . 3. Complaint . 4. Answer . 5. Pleadings , what to contain . 6. Demurrer . 7. Proceedings in demurrer . 8. Plaintiff to prove his case , if defendant do not appear . 9. Proceedings in action on ...
... pleadings . 2. Pleadings , how put in . 3. Complaint . 4. Answer . 5. Pleadings , what to contain . 6. Demurrer . 7. Proceedings in demurrer . 8. Plaintiff to prove his case , if defendant do not appear . 9. Proceedings in action on ...
Page 1
... Pleadings and Proceed- ings of the Courts of this State . Passed April 12 , 1848 . WHEREAS , it is expedient that the present forms of actions and pleadings in cases at common law should be abolished ; that the distinction between legal ...
... Pleadings and Proceed- ings of the Courts of this State . Passed April 12 , 1848 . WHEREAS , it is expedient that the present forms of actions and pleadings in cases at common law should be abolished ; that the distinction between legal ...
Page 7
... pleadings and the mode of enforcing the judgment ; it sedulously avoids call- ing the parties plaintiff's and defendants , dispenses with any new complaint , and makes the summons not for the payment of money , or for relief , but to ...
... pleadings and the mode of enforcing the judgment ; it sedulously avoids call- ing the parties plaintiff's and defendants , dispenses with any new complaint , and makes the summons not for the payment of money , or for relief , but to ...
Page 11
... pleadings or issue joined , as in ordinary actions . The whole pro- ceeding is peculiar and unknown to our courts , except by special statutory provision , and is therefore aptly described by the term special proceeding . " 12. Q. What ...
... pleadings or issue joined , as in ordinary actions . The whole pro- ceeding is peculiar and unknown to our courts , except by special statutory provision , and is therefore aptly described by the term special proceeding . " 12. Q. What ...
Page 18
... pleadings by adding or striking out the names of parties , and the correction of mistakes , & c . , have no application to justices ' courts . The title which treats of this subject , in terms , has reference to the pleadings in civil ...
... pleadings by adding or striking out the names of parties , and the correction of mistakes , & c . , have no application to justices ' courts . The title which treats of this subject , in terms , has reference to the pleadings in civil ...
Contents
112 | |
113 | |
115 | |
116 | |
122 | |
124 | |
147 | |
149 | |
151 | |
170 | |
173 | |
174 | |
175 | |
176 | |
178 | |
179 | |
180 | |
211 | |
226 | |
410 | |
422 | |
451 | |
674 | |
682 | |
715 | |
719 | |
745 | |
770 | |
781 | |
785 | |
806 | |
809 | |
862 | |
903 | |
916 | |
919 | |
929 | |
Other editions - View all
The Code of Procedure of the State of New York, Unabridged: Including All ... New York (State) No preview available - 2019 |
Common terms and phrases
adjournment adverse possession affidavit amended answer application appointed assignment assignor attachment attorney authority Barb bond brought cause of action chose in action claim clerk Code commenced common law common pleas complaint constable contract corporation costs county court county judge court of appeals court of chancery court of common court of equity creditors damages debt debtor December decided decision defendant demand docket E. D. Smith entitled equity evidence execution executor filed held husband indorsement infant issue jurisdiction jury justice justice's court lands liable lien maintain an action marine court married woman ment mortgage motion oyer and terminer party payment peace plaintiff pleadings possession promissory note prosecuted provisions question recover remittitur resident Revised Statutes right of action separate estate Special Term statute of limitations sued suit summons superior court supreme court thereof tion trial trustee United States court verdict wife York
Popular passages
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.