The New York Code of Civil Procedure, Containing All Amendments to July 1, 1895, with Notes of Decisions to DateH.B. Parsons, 1895 - 1471 pages |
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Page 7
... special proceeding , for putting in fictitious bail or a fictitious surety , ( 3 ) or for any deceit or abuse of a mandate or proceeding of the court . ( 4 ) 3. A party to the action or special proceeding , an at- torney , counsellor ...
... special proceeding , for putting in fictitious bail or a fictitious surety , ( 3 ) or for any deceit or abuse of a mandate or proceeding of the court . ( 4 ) 3. A party to the action or special proceeding , an at- torney , counsellor ...
Page 11
... special proceeding , civil or criminal , in a court of record , is not discontinued by a vacancy or change in the judges of the court , or by the re - election or re - appointment of a judge ; but it must be continued , heard and ...
... special proceeding , civil or criminal , in a court of record , is not discontinued by a vacancy or change in the judges of the court , or by the re - election or re - appointment of a judge ; but it must be continued , heard and ...
Page 18
... special proceeding . 53. Proceedings before substituted officer . 54. Judge to file certificate of age , etc. $ 46 . [ Amended , 1895. ] Judge not to sit when he is a party , etc. , or has not heard argument . A judge shall not sit as ...
... special proceeding . 53. Proceedings before substituted officer . 54. Judge to file certificate of age , etc. $ 46 . [ Amended , 1895. ] Judge not to sit when he is a party , etc. , or has not heard argument . A judge shall not sit as ...
Page 19
... special proceeding , which has been before him in his official character . L. 1847 , ch . 470 , part of 51 , and 52 ... proceeding , relating to such a matter or thing ; except a justice of the peace , in a case where a fee is expressly ...
... special proceeding , which has been before him in his official character . L. 1847 , ch . 470 , part of 51 , and 52 ... proceeding , relating to such a matter or thing ; except a justice of the peace , in a case where a fee is expressly ...
Page 20
... proceeding insti tuted before another , may act , with respect to the special proceeding , as if it had been originally insti tuted before him . But a proceeding shall not be taken before a substituted officer , at a time or place ...
... proceeding insti tuted before another , may act , with respect to the special proceeding , as if it had been originally insti tuted before him . But a proceeding shall not be taken before a substituted officer , at a time or place ...
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Common terms and phrases
action or special adverse party affidavit am'd Amended appellate division application appointed attend attorney bail ballots Barb Bosw cause of action certified commenced commissioner of jurors county clerk county judge county treasurer court of appeals court of record court or judge creditor damages defendant delivered deposit designated direct discharged Duer duty effect Jan entitled execution exemption filed final judgment granted interest issue of fact jail judgment debtor jury justice Kings county last section liable lien ment motion N. Y. Supr notice notified order of arrest paid paid into court papers payment pending person plaintiff pleading prescribed by law prisoner Proc proof provisions real property recover referee rendered residence served sheriff special proceeding specified stenographer subd subpoena supreme court sureties taken therein thereto thereupon tion trial jurors trial terms undertaking verdict warrant of attachment Wend witness
Popular passages
Page 468 - ... 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 110 - An action is commenced against a defendant, within the meaning of any provision of this act, which limits the time for commencing an action, when the summons is served on him ; or on a co-defendant who is a joint contractor, or otherwise united in interest with him.
Page 201 - If there was such proof, whether there was, upon all the evidence, such a preponderance of proof, against the existence of any of those facts, that the verdict of a jury, affirming the existence thereof, rendered in an action, in the supreme court, triable by a jury, would be set aside by the court, as against the weight of evidence.
Page 116 - The damages awarded to the plaintiff may be such a sum as the jury upon a writ of inquiry, or upon a trial, or, where issues of fact are tried without a jury, the court or the referee, deems to be a fair and just compensation for the pecuniary injuries, resulting from the decedent's death, to the person or persons, for whose benefit the action is brought.
Page 26 - By himself, or by or in the name of another person, either before or after action brought, promise or give, or procure to be promised or given, a valuable consideration to any person, as an inducement to placing, or in consideration of having placed, in his hands, or in the hands of another person, a demand of any kind, for the purpose of bringing an action thereon, or of representing the claimant in the pursuit of any civil remedy for the recovery thereof.
Page 412 - Enforcement of judgment without execution. In 1 mi- either of the following cases a judgment may be enforced by serving a certified copy thereof upon the party against whom it is rendered, or the officer or person who is required...
Page 196 - Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life ; or 4.
Page 63 - Except where the judgment is of death, appeals may be taken as of right, to said court only from judgments or orders entered upon decisions of the Appellate Division of the Supreme Court, finally determining actions or special proceedings, and from orders granting new trials on exceptions, where the appellants stipulate that upon affirmance judgment absolute shall be rendered against them.
Page 198 - ... if the defendant recovers judgment, or if the warrant is vacated, the plaintiff will pay all costs, which 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 must be at least two hundred and fifty dollars.
Page 74 - From and .after the last day of December, one thousand eight hundred and ninety-five, the Appellate Division shall have the jurisdiction now exercised by the Supreme Court at its General Terms, and by the General Terms of the Court of Common Pleas for the City and County of New York, the Superior Court of the City of New York, the Superior Court of Buffalo and the City Court of Brooklyn, and such additional jurisdiction as may be conferred by the Legislature.