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 |
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Page 116
... affidavit of a person , not a party to the action , or by the return of the sheriff of the county where the defendant resides , that proper and diligent effort has been made to serve the summons upon the defendant , and that the place ...
... affidavit of a person , not a party to the action , or by the return of the sheriff of the county where the defendant resides , that proper and diligent effort has been made to serve the summons upon the defendant , and that the place ...
Page 142
... affidavit of the party , or , if there are two or more parties united in interest , and pleading together , by at least one of them , who is acquainted with the facts , except as fol- lows : 1. Where the party is a domestic corporation ...
... affidavit of the party , or , if there are two or more parties united in interest , and pleading together , by at least one of them , who is acquainted with the facts , except as fol- lows : 1. Where the party is a domestic corporation ...
Page 143
... affidavit , by the affidavit of the agent or attorney . If he fails so to do , he is precluded from giving evidence of the account . The court , or a judge authorized to make an order in the action , may direct the party to deliver a ...
... affidavit , by the affidavit of the agent or attorney . If he fails so to do , he is precluded from giving evidence of the account . The court , or a judge authorized to make an order in the action , may direct the party to deliver a ...
Page 150
... affidavit of the plaintiff , or any other person , that a sufficient cause of action ex- ists against the defendant . as prescribed in that section . It may be granted , in a case specified in section five hundred and fifty of this act ...
... affidavit of the plaintiff , or any other person , that a sufficient cause of action ex- ists against the defendant . as prescribed in that section . It may be granted , in a case specified in section five hundred and fifty of this act ...
Page 167
... affidavit . 631. When merits of action may be litigated . [ Repealed . ] 632. When merits not to be litigated ... affidavit , that , by reason of the absence or other disability of the judge or justice who granted the order , the ap ...
... affidavit . 631. When merits of action may be litigated . [ Repealed . ] 632. When merits not to be litigated ... affidavit , that , by reason of the absence or other disability of the judge or justice who granted the order , the ap ...
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Common terms and phrases
action brought action or special Added by ch adverse party affidavit Am'd by ch appellate division application appointed attend attorney bail ballots cause of action certified chattel claim commencement commissioner of jurors complaint corporation counter-claim county clerk county judge county treasurer court of record court or judge creditor damages deemed defendant delivered deposition direct discharge docket duties effect entitled execution exempt filed final judgment granted habeas corpus hundred interest issue of fact jail judgment debtor jury justice Kings county last section liable lien ment motion notice notified officer paid payment plaintiff pleading prescribed by law prescribed in section prisoner Proc proof provisions real property recover referee rendered Repealed by ch residence served sheriff special proceeding specified stenographer summons supreme court sureties taken term therein thereto thereupon tion trial jurors undertaking writ York
Popular passages
Page 114 - 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 115 - 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 837 - ... 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 413 - Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life ; or 4.
Page 149 - ... 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 526 - ... 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 644 - 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 136 - 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 90 - 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.
Page 124 - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.