The New York Code of Civil Procedure ... |
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Page 7
... or any part thereof , is allirmed , or the appeal is dismissed , the appellant will pay all costs and damages , which may be awarded against him upon the appeal , and will pay the sum so directed to be paid or collected , or as the ...
... or any part thereof , is allirmed , or the appeal is dismissed , the appellant will pay all costs and damages , which may be awarded against him upon the appeal , and will pay the sum so directed to be paid or collected , or as the ...
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Common terms and phrases
action action or special affidavit am'd answer appeal application appointed arrest attachment attend attorney authorized awarded bond brought cause certified claim clerk commenced complaint copy corporation costs creditor Daly damages deemed defendant delivered deposition designated direct discharge discretion duties effect entered entitled evidence examination execution fact filed final judgment given granted held hundred interest issued jail judge judgment jurors jury justice last section liability manner necessary notice original otherwise paid party payment person plaintiff pleading possession prescribed prisoner proof proper provisions real property reason receiver record recover referee relating removed rendered resident respect served sheriff special proceeding specified stenographer summons Super supreme court sureties surrogate taken term therein thereof thereto thereupon tion trial undertaking unless warrant witness writ written York
Popular passages
Page 66 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 78 - In pleading a judgment or other determination of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction ; but the judgment or determination may be stated to have been duly given or made.
Page 113 - ... in its discretion, and 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 6 - 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, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 137 - ... until he submits to do the act which he was so required to do or is discharged according to law.
Page 95 - That the defendant is either a foreign corporation or not a resident of the State ; or, if he is a natural person and a resident of the Srate, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...
Page 50 - If a person entitled to commence an action for the recovery of real property, or to make an entry or defense founded on the title to real property, or to rents or services out of the same, be at the time such title shall first descend or accrue, either: 1.
Page 158 - ... 1. For the recovery of a penalty or forfeiture imposed by statute; except, that when it is imposed for an offense committed on a lake, river, or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream, and opposite to the place where the offense was committed; 2.
Page 65 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Page 16 - ... a question of law is involved which ought to be reviewed by the court of appeals.