The New York Code of Civil Procedure, as Amended To, and Including, 1889: Twenty-two Chapters Complete in One Volume : with References to Code Decisions to July 1, 1889S.S. Peloubet, 1889 - 702 pages |
From inside the book
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Page 22
... served , or to whom such a paper is delivered for a prisoner , must , within two days there- after , deliver the same to the prisoner , with a note thereon of the time of the service thereof upon , or the receipt therof by him . For a ...
... served , or to whom such a paper is delivered for a prisoner , must , within two days there- after , deliver the same to the prisoner , with a note thereon of the time of the service thereof upon , or the receipt therof by him . For a ...
Page 41
... served , personally or through the post - office , upon each of the general term justices , at least two weeks before the time appointed therefor . If the object of the meeting is to consider the question of the removal of the supreme ...
... served , personally or through the post - office , upon each of the general term justices , at least two weeks before the time appointed therefor . If the object of the meeting is to consider the question of the removal of the supreme ...
Page 46
... served by delivery of a copy thereof , within that city , to an officer of the corporation , as prescribed by law . 8. To the custody of the person and the care of the property , concur- rently with the supreme court , of a person ...
... served by delivery of a copy thereof , within that city , to an officer of the corporation , as prescribed by law . 8. To the custody of the person and the care of the property , concur- rently with the supreme court , of a person ...
Page 59
... served upon a person bound to obey the order , and his obedience thereto may be required in any part of the State . 5. An order to show cause , why a person should not be punished for a contempt of the court , may be served by any ...
... served upon a person bound to obey the order , and his obedience thereto may be required in any part of the State . 5. An order to show cause , why a person should not be punished for a contempt of the court , may be served by any ...
Page 74
... served with the summons . If a copy of the complaint is not served with the summons , the plaintiff cannot take judgment by default without application to the court , unless either the defendant appears , or by a notice is served with ...
... served with the summons . If a copy of the complaint is not served with the summons , the plaintiff cannot take judgment by default without application to the court , unless either the defendant appears , or by a notice is served with ...
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The New York Code of Civil Procedure, as Amended To, and Including, 1889 ... New York,Charles David Rust No preview available - 2015 |
Common terms and phrases
9 Civ action brought action or special affidavit am'd appeal application appointed attend attorney awarded cause of action certified chattel corporation costs county clerk county treasurer court of record court or judge creditor decedent decree defendant delivered directed discharge discretion docket dollars effect entitled execution executor or administrator fees filed final judgment final order granted guardian habeas corpus hundred interest issue of fact joinder of issue judgment debtor judgment or order judgment-roll jurisdiction jury justice last section letters testamentary liable lien ment mortgage notice otherwise paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section proof provision real property recover referee rendered resident served sheriff special proceeding specified subd summons Super supreme court sureties surrogate surrogate's court taken term therein thereto thereupon tion trial jurors undertaking virtue warrant of attachment writ
Popular passages
Page 81 - 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 81 - 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 89 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 433 - 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. (4) 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 127 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 127 - ... in its discretion, and 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...
Page 67 - An action to redeem real property from a mortgage, with or without an account of rents and profits, may be maintained by the mortgagor, or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises, for twenty years after the breach of a condition of the mortgage, or the non-fulfillment of a covenant therein contained.
Page 125 - When .it is admitted by the pleading or examination of a party, that he has in his possession, or under his control, any money or other thing capable of delivery, which, being the subject of the...
Page 233 - If the person against whom the judgment is rendered is, at the time of filing the judgment-roll, 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 offense, for a term less than for life; the time of such a disability is not a part of the time limited...
Page 230 - If the judgment to be confessed is for money due or to become due, it must state concisely the facts, out of which the debt arose ; and must show, that the sum confessed therefor is justly due, or to become due.