The Code of Procedure of the State of New York, as Amended to 1867: With the Revised Rules of the Courts, and a Full IndexJohn Townshend |
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Page 13
... proceedings of the courts of this State , " passed April 12 , 1848 . Passed April 11 , 1849 . The act entitled " An act to simplify and abridge the practice , pleadings , and proceedings of the courts of this State , " passed April 12 ...
... proceedings of the courts of this State , " passed April 12 , 1848 . Passed April 11 , 1849 . The act entitled " An act to simplify and abridge the practice , pleadings , and proceedings of the courts of this State , " passed April 12 ...
Page 14
... proceedings . § 2. [ 2. ] ( Am'd 1849. ) Action . An action is an ordinary proceeding in a court of justice , by which a party prosecutes another party for the enforcement or protection of a right , the redress or prevention of a wrong ...
... proceedings . § 2. [ 2. ] ( Am'd 1849. ) Action . An action is an ordinary proceeding in a court of justice , by which a party prosecutes another party for the enforcement or protection of a right , the redress or prevention of a wrong ...
Page 19
... proceedings are requisite . 3. In a final order affecting a substantial right made in a special proceeding , or upon a summary application in an action after judgment , and upon such appeal to review any intermediate order involving the ...
... proceedings are requisite . 3. In a final order affecting a substantial right made in a special proceeding , or upon a summary application in an action after judgment , and upon such appeal to review any intermediate order involving the ...
Page 27
... proceeding shall be vested in the supreme court , and such further proceedings shall be had therein , according to the practice of such court , as might have been had in the county court , if such cause or matter had remained therein ...
... proceeding shall be vested in the supreme court , and such further proceedings shall be had therein , according to the practice of such court , as might have been had in the county court , if such cause or matter had remained therein ...
Page 29
... proceedings relating to such cause . And any action or proceeding pending in any mayor's or recorder's court , in which the judge is for any cause incapable of acting , may , by such court , be transferred to the county court of the ...
... proceedings relating to such cause . And any action or proceeding pending in any mayor's or recorder's court , in which the judge is for any cause incapable of acting , may , by such court , be transferred to the county court of the ...
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The Code of Procedure of the State of New York, as Amended to 1867: With the ... New York,John Townshend No preview available - 2016 |
Common terms and phrases
adverse party Adverse possession affidavit Am'd amended amount answer application appointed attachment attorney bail brought calendar cause of action certified CHAPTER circuit civil action claim clerk CODE OF PROCEDURE commenced common pleas complaint copy corporation costs county court county judge county treasurer court of appeals court of common damages deemed defendant deliver demurrer deposit direct docketed dollars effect entitled execution Existing filed granted guardian infant issue of fact issue of law judgment debtor judgment-roll jurisdiction jury justice letters patent manner ment mortgage note of issue notice of appeal oyer and terminer papers payment personal property plaintiff pleading premises prescribed proceedings proof provisional remedy quo warranto real property recover recovery referee reference rendered require RULE section one hundred section three hundred served sheriff special term specified statute summons superior court supreme court sureties therein thereof thereupon tion twenty days undertaking unless verdict York
Popular passages
Page 71 - 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 ; 2.
Page 78 - 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...
Page 58 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Page 88 - ... for the prosecution of the action, for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may from any cause be recovered against the plaintiff...
Page 79 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 71 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 116 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 61 - Court may change the place of trial in the following cases : 1. When the County designated for that purpose in the complaint is not the proper County ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 49 - 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 offense, for a term less than for life ; or, 4.
Page 47 - ... founding such claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree, or judgment, or of some part of such premises, under such claim, for five years, the premises so included shall be deemed to have been held adversely...