The New York Code of Civil Procedure, in One Volume, Containing All Amendments to and Including the Session of 1894: With Annotations and References to the New York Consolidation Act |
From inside the book
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Page 19
... referee , receiver or nmissioner , except by the written consent of all the par- s to the action or special proceeding , other than parties in fault for failure to appear or to plead . 91. [ Am'd 1883. ] The county judge of each county ...
... referee , receiver or nmissioner , except by the written consent of all the par- s to the action or special proceeding , other than parties in fault for failure to appear or to plead . 91. [ Am'd 1883. ] The county judge of each county ...
Page 120
... referee , appointed by the court , or by a writ of inquiry or otherwise , as the court shall direct ; and the decision of the court thereupon , or an order confirming the report the referee , is conclusive , as to the amount of those ...
... referee , appointed by the court , or by a writ of inquiry or otherwise , as the court shall direct ; and the decision of the court thereupon , or an order confirming the report the referee , is conclusive , as to the amount of those ...
Page 121
... referee may also separately ascertain and determine the damages sustained , by reason of the in- junction , by the ... referee's re- port , as prescribed in the last two sections , any person , entitled to the benefit of an undertaking ...
... referee may also separately ascertain and determine the damages sustained , by reason of the in- junction , by the ... referee's re- port , as prescribed in the last two sections , any person , entitled to the benefit of an undertaking ...
Page 140
... referee , making the appointment , conditioned for the faithful discharge of his duties as receiver . And the court ; or , where the order was made out of court , the judge making the order , by or pursuant to which the receiver was ap ...
... referee , making the appointment , conditioned for the faithful discharge of his duties as receiver . And the court ; or , where the order was made out of court , the judge making the order , by or pursuant to which the receiver was ap ...
Page 142
... referee to be sworn ; or for any other default or negligence of the clerk , or any other officer of the court , or of a party , his attorney or counsel , by which the adverse party has not been prejudiced . $ 722 . Each of the omissions ...
... referee to be sworn ; or for any other default or negligence of the clerk , or any other officer of the court , or of a party , his attorney or counsel , by which the adverse party has not been prejudiced . $ 722 . Each of the omissions ...
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Other editions - View all
The New York Code of Civil Procedure, in One Volume, Containing All ... New York (State),Morris Cooper No preview available - 1894 |
The New York Code of Civil Procedure: In One Volume, Containing All ... Morris Cooper No preview available - 2017 |
Common terms and phrases
action brought action or special affidavit Am'd appeal application appointed attend attorney awarded cause of action certified chattel copy corporation costs county clerk county treasurer court of record court or judge creditor debt decedent decree deemed defendant delivered direct discharge discretion docket dollars duly entitled execution executor or administrator fees filed final judgment final order granted guardian habeas corpus hundred interest joinder of issue judgment debtor jurisdiction jury justice last section letters testamentary liable lien ment N. Y. State Rep notice otherwise paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section prisoner proof provisions pursuant real property recover referee rendered resident served sheriff special proceeding specified subdivision summons supreme court sureties surrogate surrogate's court taken term therein thereof thereto thereupon tion trial jurors trustee undertaking warrant of attachment writ
Popular passages
Page 77 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item, proved in the account on either side.
Page 90 - ... any money, thing in action or other property held in trust for a judgment debtor, where the trust has been created by, or the fund so held in trust has proceeded from, a person other than the judgment debtor...
Page 75 - Within the age of twenty-one years; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life.
Page 106 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the Court may order the pleading to be amended, upon such terms as may be Just.
Page 106 - 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 238 - To open, vacate, modify, or set aside, or to enter, as of a former time, a decree or order of his court ; or to grant a new trial or a new hearing for fraud, newly discovered evidence, clerical error, or other sufficient cause.
Page 107 - And when the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain, by amendment.
Page 79 - ... 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 374 - Where part of the excess is not due from the plaintiff, the judgment does not prejudice the defendant's right to recover, from another person, so much thereof as the judgment does not cancel.
Page 74 - ... there has been a continued occupation and possession of the premises, included in the instrument, decree, or judgment, or of some part thereof, for twenty years, under the same claim ; the premises so included are deemed to have been held adversely...