Parker's Pocket Code of Civil Procedure: The New New York Code of Civil Procedure Containing All Amendments of 1903, with Numerous Notes of Reference, Together with Notes of Leading Cases Construing the Code and Constitutional and Statutory Provisions Relating to Practice
Banks, 1903 - Civil procedure - 1539 pages
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action affidavit Am'd by ch answer appeal appellate division application appointed arrest attachment attend attorney authorized awarded bond brought cause certified claim clerk commenced complaint copy corporation costs creditor damages deemed defendant delivered demand deposition designated determination direct discharge duties effect entitled evidence examination execution fact filed final judgment given granted held hundred interest issued judge judgment jurors jury justice last section liable manner motion necessary notice original otherwise paid party payment person petition plaintiff pleading possession prescribed prisoner Proc proof proper provisions real property reason receive record recover referee relating remove rendered Repealed resident respect rule served sheriff special proceeding specified stenographer summons supreme court sureties surrogate taken term therein thereof thereto thereupon tion trial undertaking unless warrant witness writ York
Page 110 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 111 - 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 833 - ... 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 409 - Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life ; or 4.
Page 145 - ... of the latter, before a judge of the court, or a county judge, at a specified time and place ; the time to be not less than five...
Page 522 - ... or other person, acting in its behalf, either by a citizen resident therein, or by a corporation, who is assessed for and is liable to pay, or, within one year before the commencement of the action, has paid, a tax therein.
Page 640 - 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 132 - 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 86 - The people of the State will not sue a person for or with respect to real •property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless either : 1. The cause of action accrued within forty years before the action is commenced; or, 2. The people, or those from whom they claim, have received the rents and profits of the real property, or of some part thereof, within the same period of time.