The Code of Procedure of the State of New York: As Amended by the Legislature, by an Act Passed July 10, 1851, with Notes of Decisions and References to Th Rules and Form of Practice, with a Copious IndexGould, Banks, 1851 - 204 pages |
From inside the book
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Page iv
... Possession when resumed . title , unless adverse , Occupation deemed under legal 33-34 33 82. Occupation under written instrument or judgment when deemed adverse , .... 83. What constitutes adverse possession , under written instru ...
... Possession when resumed . title , unless adverse , Occupation deemed under legal 33-34 33 82. Occupation under written instrument or judgment when deemed adverse , .... 83. What constitutes adverse possession , under written instru ...
Page 34
... adverse possession under claim of title not written . 86. Relation of landlord and tenant , as affecting adverse possession . 87. Right of possession not affected by descent cast . 88. Certain disabilities excluded from time to commence ...
... adverse possession under claim of title not written . 86. Relation of landlord and tenant , as affecting adverse possession . 87. Right of possession not affected by descent cast . 88. Certain disabilities excluded from time to commence ...
Page 36
... Possession when pre- and within twenty years from the time when the right to ... adverse . occupation of such premises by any other person , shall be deemed ... possession or judg- of premises under claim of title , exclusive of any other ...
... Possession when pre- and within twenty years from the time when the right to ... adverse . occupation of such premises by any other person , shall be deemed ... possession or judg- of premises under claim of title , exclusive of any other ...
Page 37
... possession of one lot shall not be deemed a possession of any other lot of the same tract . stitutes ad- session , un- der written § 83. For the purpose of constituting an adverse posses- What con sion , by any person claiming a title ...
... possession of one lot shall not be deemed a possession of any other lot of the same tract . stitutes ad- session , un- der written § 83. For the purpose of constituting an adverse posses- What con sion , by any person claiming a title ...
Page 38
... adverse 1849 . affecting the tenant shall be deemed the possession of the landlord , possession . until the expiration of twenty years from the termination Passed of the tenancy ; or where there has been no written lease , until the ...
... adverse 1849 . affecting the tenant shall be deemed the possession of the landlord , possession . until the expiration of twenty years from the termination Passed of the tenancy ; or where there has been no written lease , until the ...
Other editions - View all
The Code of Procedure of the State of New York: As Amended by the ... H. S. McCall No preview available - 2017 |
The Code of Procedure of the State of New York: As Amended by the ... New York,Henry Strong McCall No preview available - 2016 |
The Code of Procedure of the State of New-York; As Amended by the ... H. S. McCall No preview available - 2017 |
Common terms and phrases
abolished adverse party affidavit allegation allowed Amended amount answer apply appointed attachment attorney bail Barb brought cause of action ceedings CHAPTER city of New-York civil actions claim clerk Code Rep commenced common pleas complaint copy corporation costs county court county judge court of common court or judge damages decree deemed defendant deliver delivery demurrer deposit docketed dollars effect entered entitled examined execution fees fendant filed granted hundred injunction issue of fact issue of law judgment debtor judgment roll jurisdiction jury justice letters patent liable manner ment motion notice oyer and terminer Passed personal property plaintiff pleading prescribed proceed proceedings prosecuted provisional remedy quo warranto real property recover referees rendered resident Revised Statutes Sand scire facias served sheriff special term specified summons superior court supreme court Supreme Court Rule sureties therein thereof tion tried twenty days undertaking unless verdict writ
Popular passages
Page 75 - ... that if the defendant; recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain, by reason of the attachment, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 40 - 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. But this Section shall not apply to an action for an escape. 2. An action upon a statute, for a penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the State, except where the statute imposing it prescribes...
Page 60 - ... The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; 2.
Page 70 - 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 49 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2.
Page 66 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Page 71 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 90 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 83 - ... if they, or others in their place, fail to justify, at the time and place appointed, he shall deliver the property to the plaintiff.
Page 42 - Within the age of twenty-one years ; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or, in execution under the sentence of a criminal court, for a term less than his natural life ; The time of such disability is not a part of the time limited, for the commencement of the action...