The Code of Procedure of the State of New York as Amended by the Legislature by an Act Passed May 12, 1869 |
From inside the book
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... direct special finding . On special finding , with general verdict , former to control In actions for recovery of money only , jury to as- sess damages ... Entry of verdict .. 260 261 262 ... 263 264 TITLE I. Of the Form of Civil ...
... direct special finding . On special finding , with general verdict , former to control In actions for recovery of money only , jury to as- sess damages ... Entry of verdict .. 260 261 262 ... 263 264 TITLE I. Of the Form of Civil ...
Page 23
... direct special finding On special finding , with general verdict , former to control In actions for recovery of money only , jury to as- sess damages ... Entry of verdict .. 260 261 262 263 264 Judgment when to be entered ... . § 265 ...
... direct special finding On special finding , with general verdict , former to control In actions for recovery of money only , jury to as- sess damages ... Entry of verdict .. 260 261 262 263 264 Judgment when to be entered ... . § 265 ...
Page 23
... direct . $ 25 . Every appointment so made , shall be imme diately transmitted to the secretary of state , who shall cause it to be published in the newspaper , printed at Albany , in which legal notices are required to be in- serted ...
... direct . $ 25 . Every appointment so made , shall be imme diately transmitted to the secretary of state , who shall cause it to be published in the newspaper , printed at Albany , in which legal notices are required to be in- serted ...
Page 85
... direct manner , the facts constituting the cause of action . 4. The answer may contain a denial of the complaint , or of any part thereof , and also notice in a plain and direct manner of any facts constituting a defense or counter ...
... direct manner , the facts constituting the cause of action . 4. The answer may contain a denial of the complaint , or of any part thereof , and also notice in a plain and direct manner of any facts constituting a defense or counter ...
Page 123
... direct , and upon application of any person aggrieved , may in its discretion , order that the action be deemed abated unless the same be continued by the proper parties , within a time to be fixed by the court , not less than six ...
... direct , and upon application of any person aggrieved , may in its discretion , order that the action be deemed abated unless the same be continued by the proper parties , within a time to be fixed by the court , not less than six ...
Common terms and phrases
action is brought action to recover adverse party adverse possession affidavit allegation amended amount answer apply appointed attachment attorney bail cause of action certificate CHAPTER city and county civil action claim clerk commenced common pleas complaint copy corporation county court county judge court of appeals court of common court or judge damages debt deemed defendant delivered delivery demurrer deposit direct docketed effect enforce entitled exceed execution false imprisonment fendant filed granted hundred dollars injunction issue of fact issue of law judgment debtor judgment roll jury liable manner ment mortgage motion notice officer order of arrest oyer and terminer peace personal property plaintiff pleading prescribed proceed proceedings prosecution provided in sections provisional remedy real property recovery of money referee render judgment require resident section 179 served sheriff special term specified statute summons superior court supreme court thereto thereupon tion title to real twenty days unless verdict written undertaking
Popular passages
Page 115 - The ccurt may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading process or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party or a mistake in any other respect...
Page 39 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and, there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page 111 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of, 1. The same transaction or transactions connected with the same subject of action ; 2.
Page 75 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving then- rights, but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.
Page 107 - In pleading a judgment, or other determination of a court, or officer of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made.
Page 205 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 45 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title...
Page 65 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.
Page 23 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Page 73 - 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...