Laws of the State of New York, Volume 2New York State Legislature., 1880 - Law Includes private and local laws. |
Contents
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Common terms and phrases
action brought action or special affidavit appeal application appointed attorney awarded bond cents chattel citation claim clerk constable copy corporation costs county clerk court of record creditor damages debt decedent decree defendant delivered directed discharge discretion dollars dower duly effect entitled execution executor or administrator fees filed final judgment final order granted guardian habeas corpus infant interest issued joinder of issue judge judgment debtor jurisdiction jurors jury justice last section letters letters testamentary liable ment mortgage New-York notice officer otherwise paid party payment petition petitioner plaintiff prescribed by law prescribed in section prisoner proceeds proof provision pursuant real property record recover referee rendered replevied resident scribed served sheriff special proceeding specified summons superior city supreme court sureties surrogate surrogate's court term therein thereof thereto thereupon tion TITLE trial undertaking warrant of attachment writ writ of certiorari
Popular passages
Page 139 - ... would have been liable to an action in favor of the decedent by reason thereof if death had not ensued.
Page 366 - Complaints, orders, and other processes of the commission under this section may be served by anyone duly authorized by the commission, either (a) by delivering a copy thereof to the person to be served...
Page 163 - States, but their assignees may thus locate said land scrip upon any of the unappropriated lands of the United States...
Page 654 - 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 55 - ... (2) That the property is wrongfully detained by the defendant. (3) The alleged cause of the detention thereof, according to his best knowledge, information and belief. (4) That...
Page 345 - The surrogate's court of each county has jurisdiction, exclusive of every other surrogate's court, to take the proof of a will, and to grant letters testamentary thereupon, or to grant letters of administration, as the case requires, in either of the following cases: 1. Where the decedent was, at the time of his death, a resident of that county, whether his death happened there or elsewhere.
Page 388 - ... to the effect that if the decree or order appealed from or any part thereof is affirmed, or the appeal is dismissed the appellant will...
Page 337 - ... except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant...
Page 336 - If he is not then a resident of the State, to the sheriff of the county where the judgment-roll is filed ; unless the execution was issued out of a court, other than that in which the judgment was rendered, and, in that case, to the sheriff of the county where the transcript of the judgment is filed.
Page 5 - ... either: 1. 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 offence, for a term less than for life; The time of such a disability is not a part of the time limited in this title for commencing the action...