The Code of Civil Procedure of the State of New York: Reported Complete by the Commissioners on Practice and Pleading, Volume 2 |
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Page xi
... appeals , SECTION 28 , 29. Its jurisdiction , 20 20 , 21 21 30. May reverse affirm or modify , judgment , or or- der appealed from , 31. The judges , 32. The chief judge , 33. Number of judges necessary for the transaction of business ...
... appeals , SECTION 28 , 29. Its jurisdiction , 20 20 , 21 21 30. May reverse affirm or modify , judgment , or or- der appealed from , 31. The judges , 32. The chief judge , 33. Number of judges necessary for the transaction of business ...
Page xviii
... appeals and supreme court may make rules of practice , to carry this code into effect , 87 186. Rules of supreme court , to what courts appli- cable , 87 ARTICLE HI . Particular disqualifications of judges , 87 SECTION 188. In what ...
... appeals and supreme court may make rules of practice , to carry this code into effect , 87 186. Rules of supreme court , to what courts appli- cable , 87 ARTICLE HI . Particular disqualifications of judges , 87 SECTION 188. In what ...
Page xx
... appeals and supreme court , CHAPTER IV . Removal of judicial officers from office , SECTION 218. Judges of court of appeals and supreme court , how removed , 219. Other judicial officers , how removed , 220. Removal by legislature , how ...
... appeals and supreme court , CHAPTER IV . Removal of judicial officers from office , SECTION 218. Judges of court of appeals and supreme court , how removed , 219. Other judicial officers , how removed , 220. Removal by legislature , how ...
Page xxxviii
... Appeal to court of appeals , from judgment of suspension or removal , · · 218 538. Powers of court of appeals upon the appeal , · 218 539. In what cases , other courts may suspend , and their duty thereon , - CHAPTER II . Persons ...
... Appeal to court of appeals , from judgment of suspension or removal , · · 218 538. Powers of court of appeals upon the appeal , · 218 539. In what cases , other courts may suspend , and their duty thereon , - CHAPTER II . Persons ...
Page lxv
... Appeals to the supreme court from an inferior court , 501 IV . Appeals in the supreme court , and in the superior court , and the court of common pleas of the eity of New - York , from a single judge to the general term , V. Appeal to ...
... Appeals to the supreme court from an inferior court , 501 IV . Appeals in the supreme court , and in the superior court , and the court of common pleas of the eity of New - York , from a single judge to the general term , V. Appeal to ...
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Common terms and phrases
action or proceeding affidavit Amended Code appointed arrest ARTICLE attend bail ballots cause of action CHAPTER city and county city court city of New-York civil action commenced Commissioners common pleas constitution county clerk county court county jail county judge county of New-York county treasurer court of appeals court of chancery court of common court of oyer court of sessions COURTS OF JUSTICE courts of record defendant deliver district drawn elected execution filed grand jury hearing and determination held holding the court jail liberties judicial officer jurisdiction conferred jurors jury box last section manner marine court oyer and terminer party person places of holding plaintiff pleading police courts prescribed prisoner provided in section public offences real property reside sheriff special and trial special proceeding special statutes special terms superior court supreme court sureties surrogate surrogate's court terms and circuits thereof thereto tion trial jury list trial terms
Popular passages
Page 267 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. § 1 50. The counterclaim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action...
Page 250 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 304 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 249 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 706 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Page 386 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 706 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be, between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement, other than the contents of the writing, except in the following cases : 1.
Page 4 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 252 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2.
Page 281 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...