Parker's Pocket Code of Civil Procedure: The New York Code of Civil Procedure Containing All Amendments of 1904, 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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Banks, 1904 - Civil procedure - 1540 pages

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Contents

263313
74
The city court of the city of New York 314339
83
The county courts 340361
90
CHAPTER IV
96
General provisions 398415
105
Substitutes for personal service in special cases 435445
116
Costs and fees 32283332
124
CHAPTER VI
129
Provisions generally applicable to pleadings 518547
140
General provisional remedies in an action 548720
147
Executions
158
Cases where an injunction may be granted granting
161
Attachment of property
169
attachment
181
Proceedings after judgment rights of parties and duties
187
CHAPTER VIII
194
Payment of money into court and care and disposition
200
Title V Motions and orders generally
207
Service of papers
216
817827
223
Deposition
238
Documentary evidence
252
Proof of a document remaining in a court or public
258
CHAPTER X
264
Trials without a jury 10081026
276
ance of trial jurors in ordinary cases 10351062
285
Mode of striking and procuring a special jury
291
Provisions relating to trial jurors in the county
311
Trial by jury 11631189
322
Miscellaneous provisions including those relating to
328
Judgments taken without process 12731281
349
CHAPTER XII
355
Appeal to the court of appeals I 3241339
364
Appeal to the appellate division of the supreme court 13461355
371
Forms of execution time and manner of issuing an execu
377
Lien of an execution upon personal property levy
385
Remedies for failure of title to real property sold
408
property
448
Art 1o Evidence in actions or proceedings involving a title
461
CHAPTER XV
476
Action for a separation
484
Judicial supervision of a corporation and of the offi
491
Provisions applicable to two or more of the actions
498
General and miscellaneous provisions
501
legatee heir or devisee
507
Certain special proceedings instituted without
589
Exemption from arrest or discharge from imprison
600
Care of the property of a person confined for crime
608
Proceedings to punish a contempt of court other than
623
Proceedings to collect a fine
629
Proceedings for the appointment of a committee of
635
Proceedings for the disposition of the real property
643
Arbitrations 23652386
650
Proceedings to foreclose a mortgage by advertisement 23872409
656
Proceedings to change the name of an individual 24102418
663
Proceedings supplementary to an execution against prop
671
The receiver 24642471
680
General duties and disabilities of the surrogate
688
Clerks stenographers miscellaneous provisions 25042514
695
costs and fees 25502567
711
ally to executors administrators guardians
721
Granting and revoking probate letters testamentary
727
Foreign wills ancillary letters 26942705
758
Aid supervision and control of an executor or
765
Accounting and settlement of the estate Title V Disposition of the decedents real property for the pay 27222748
783
Frovisions relating to a testamentary trustee 28022820
807
ment of his accounts 28422850
814
Courts of justices of the peace and proceedings
820
Pleadings including counterclaims and proceedings
841
Proceedings between the joinder of issue and the trial 29592987
847
Trial and its incidents 2988300g
855
Judgment and docketing the same 30103023
861
Appeals 30443073
870
Costs 30743081
879
Provisions specially relating to courts of justices of
891
Miscellaneous provisions 31343158
897
CHAPTER XX
903
Provisions exclusively applicable to the proceedings
910
The city court of Yonkers 32033206
917
Provisions exclusively applicable to the justices courts
925
Awarding and enforcing payment of costs 32283250
927
Miscellaneous provisions 32483250
933
Security for costs 32683279
941
Sums allowed as fees 32963332
948
CHAPTER XXII
963
CHAPTER XXIII
973
Proceedings for the sale of corporate real property 33903397
983
Proceedings to enforce liens on vessels 34203441
990
887913
37
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Page 148 - 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. 2. In an action on contract, any other cause of action on contract, existing at the commencement of the action.
Page 133 - 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 134 - 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 665 - Where there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing, or property, referred to in the award.
Page 18 - A court of record has power to punish for a criminal contempt,' a person guilty of either of the following acts, and no others: 1. Disorderly, contemptuous, or insolent behavior, committed during its sitting, in its immediate view and presence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority.
Page 665 - 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 155 - 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 432 - Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life.
Page 124 - Judgment may be taken without application to the court, where the complaint sets forth one or more causes of action, each consisting of the breach of an express contract to pay, absolutely or upon a contingency, a sum or sums of money, fixed by the terms of the contract, or capable of being ascertained therefrom, by computation only...
Page 164 - ... will pay all costs which may be awarded to the defendant, and all damages which he may sustain by reason of the arrest...

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