Laws of the State of New York, Volume 41920 |
Other editions - View all
Common terms and phrases
action administrator affidavit allowed amount answer appeal application appointed attachment attorney authorized awarded bond brought cause certified chattel citation civil claim clerk copy costs creditor damages debt debtor decedent decree defendant delivered demand deposit determination direct discharge dollars effect entered entitled evidence execution executor or administrator fact fees filed final given granted guardian hundred infant interest issued judge judgment judicial jurisdiction jury justice letters manner ment motion necessary notice otherwise paid party payment person personal property petition plaintiff possession prescribed proceeds proof provisions real property reason receive record recover referee relating rendered resident respect served sheriff Source special proceeding specified summons supreme court sureties surrogate surrogate's court taken term testamentary therein thereof thereto thereupon tion trial trustee undertaking unless warrant witness York
Popular passages
Page 741 - The answer of the defendant must contain: "1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Page 85 - 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...
Page 85 - All persons may be joined in one action as plaintiffs, in whom any right to relief [in respect of or arising out of the same transaction or series of transactions] is alleged to exist, whether jointly, severally, or in the alternative, [where if such persons brought separate actions any common question of law or fact would arise...
Page 308 - ... in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers 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...
Page 742 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 746 - 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 31 - For the purpose of constituting an adverse possession by any person claiming a title, founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in the following cases. 1. Where it has been usually cultivated or improved; 2.
Page 157 - Where the variance is not material, as provided in the last section, the court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Page 82 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Page 37 - Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life...