The Code of Civil Procedure of the State of New York: The Twenty-three Chapters in Full, the Different Amendments in Their Proper Sections, as in Force on September 1st, 1877, and All Subsequent Amendments and Enactments Affecting the Same ...
Banks & Bros., 1895 - 926 pages
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action administrator affidavit allowed AM'D AMENDED BY CH appeal application appointed arrest attachment attend attorney authority awarded bond brought cause certified chattel claim clerk Code of Proc copy corporation costs creditor damages debt decree defendant delivered demand deposit designated directed discharge discretion duties effect entitled evidence execution executor fact filed given granted guardian hundred interest issued judge judgment jurors jury justice last section letters liable manner necessary notice otherwise paid party payment person petition plaintiff possession powers prescribed presented prisoner proceedings proceeds proof provisions real property reason receiver record recover referee relating rendered resident respect served sheriff special proceeding specified summons supreme court sureties surrogate surrogate's taken term therein thereof thereto thereupon trial undertaking unless warrant witness writ
Page 78 - 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, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 464 - Whore there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing, or property, referred to in the award.
Page 88 - ... 1. 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. In an action on contract, any other cause of action on contract, existing at the commencement of the action.
Page 464 - Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced. (d) Where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
Page 586 - ... the effect, that 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 94 - 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 155 - ... refuses without reasonable cause to be examined, or to answer a legal and pertinent question, or to produce a book or paper...
Page 92 - 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.