The Code of Civil Procedure of the State of New-York |
From inside the book
Results 1-5 of 100
Page iv
... necessary ; the addi- tion of new provisions affected to some degree the previous ones ; and the frequent references to the old law , which the existing code contains , are in the present report generally omitted as unnecessary ...
... necessary ; the addi- tion of new provisions affected to some degree the previous ones ; and the frequent references to the old law , which the existing code contains , are in the present report generally omitted as unnecessary ...
Page xi
... necessary for the transaction of business , - 34. Concurrence of five judges necessary to pro- nounce judgment . If five do not concur , case 35 . must be reheard , Terms of the court , · 36 , 37. Places of holding the court , 38 ...
... necessary for the transaction of business , - 34. Concurrence of five judges necessary to pro- nounce judgment . If five do not concur , case 35 . must be reheard , Terms of the court , · 36 , 37. Places of holding the court , 38 ...
Page xii
... necessary to pronounce judgment , 55. Duration of general terms and circuits , 58. Transaction of business by judges out of court . Duty of judges in first judicial district , in this respect , 59. Times and places of holding general ...
... necessary to pronounce judgment , 55. Duration of general terms and circuits , 58. Transaction of business by judges out of court . Duty of judges in first judicial district , in this respect , 59. Times and places of holding general ...
Page xiv
... necessary to pronounce judg- 555 51 51 51 100. Terms how prescribed , to continue to December 31 , 1850 51 101. Appointment of terms thereafter , by whom and how made , 52 · 99. Place of holding the court , CHAPTER VII . The courts of ...
... necessary to pronounce judg- 555 51 51 51 100. Terms how prescribed , to continue to December 31 , 1850 51 101. Appointment of terms thereafter , by whom and how made , 52 · 99. Place of holding the court , CHAPTER VII . The courts of ...
Page xl
... necessary in action for real property , 228 562. Seisin within twenty years , when necessary in action or defence founded on title to or rents of real property , 229 563. Action must be commenced within one year after entry , or within ...
... necessary in action for real property , 228 562. Seisin within twenty years , when necessary in action or defence founded on title to or rents of real property , 229 563. Action must be commenced within one year after entry , or within ...
Contents
lxxxvi | |
3 | |
5 | |
14 | |
15 | |
27 | |
39 | |
47 | |
353 | |
354 | |
355 | |
356 | |
357 | |
358 | |
362 | |
368 | |
55 | |
61 | |
62 | |
63 | |
72 | |
73 | |
81 | |
85 | |
89 | |
97 | |
100 | |
105 | |
108 | |
113 | |
121 | |
130 | |
135 | |
140 | |
141 | |
145 | |
148 | |
150 | |
152 | |
157 | |
163 | |
164 | |
166 | |
170 | |
172 | |
179 | |
181 | |
187 | |
189 | |
194 | |
201 | |
204 | |
210 | |
211 | |
215 | |
221 | |
222 | |
225 | |
227 | |
230 | |
233 | |
235 | |
237 | |
242 | |
248 | |
254 | |
260 | |
262 | |
266 | |
270 | |
272 | |
276 | |
277 | |
282 | |
283 | |
289 | |
290 | |
291 | |
298 | |
302 | |
311 | |
313 | |
317 | |
319 | |
324 | |
330 | |
334 | |
340 | |
347 | |
350 | |
352 | |
378 | |
384 | |
386 | |
389 | |
390 | |
391 | |
409 | |
414 | |
415 | |
416 | |
428 | |
432 | |
435 | |
436 | |
437 | |
445 | |
459 | |
471 | |
480 | |
493 | |
500 | |
501 | |
512 | |
523 | |
527 | |
528 | |
529 | |
531 | |
532 | |
535 | |
537 | |
541 | |
545 | |
550 | |
551 | |
552 | |
553 | |
554 | |
555 | |
556 | |
557 | |
560 | |
561 | |
562 | |
563 | |
564 | |
565 | |
567 | |
570 | |
578 | |
592 | |
600 | |
601 | |
606 | |
609 | |
610 | |
611 | |
612 | |
613 | |
614 | |
615 | |
617 | |
624 | |
630 | |
633 | |
641 | |
647 | |
655 | |
656 | |
664 | |
667 | |
670 | |
718 | |
759 | |
769 | |
Other editions - View all
Common terms and phrases
action or proceeding affidavit Amended Code appointed arrest ARTICLE attend attorney and counsellor CHAPTER city and county city court city of New-York civil action code of criminal commenced Commissioners committed common pleas coroner county clerk county court county jail county of New-York county treasurer court of appeals court of common court of oyer court of record court of sessions COURTS OF JUSTICE defendant deliver district drawn elected execution filed hearing and determination held holding the court indictment jail liberties judicial officer jurisdiction conferred jurors justice's court last section marine court oyer and terminer party pending therein person plaintiff police courts powers and duties prescribed prisoner provided in section public offences punishable with death real property reside sheriff special and trial special proceeding special statutes special terms superior court supreme court surrogate surrogate's court terms and circuits thereof thereto tion trial jury list trial terms vacancy
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 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 a 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 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 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 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...
Page 239 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.