Annual Report of the Commissioners of Statutory Revision of the State of New York. Transmitted to the Legislature April 5, 1900, Volume 1James B. Lyon, State Printer, 1900 - Civil procedure |
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Page 42
... last section ; and also , where the application is made on the ground that the defendant is a foreign corporation , or not a resident of the state , or in a case specified in subdivision fourth , fifth or seventh of the last section ...
... last section ; and also , where the application is made on the ground that the defendant is a foreign corporation , or not a resident of the state , or in a case specified in subdivision fourth , fifth or seventh of the last section ...
Page 44
... last section must be previously filed ; and a notice must be served with the summons , in all respects like the notice required by the last section , except that the words , " without the state of New York , " must be substituted for ...
... last section must be previously filed ; and a notice must be served with the summons , in all respects like the notice required by the last section , except that the words , " without the state of New York , " must be substituted for ...
Page 50
... last section , does not affect his right to any order or other relief , to which he would have been entitled , if he had been separately sued in the action . [ Code , § 455 , without change . ] PROPOSED ALTERNATIVE SECTION . § 90 ...
... last section , does not affect his right to any order or other relief , to which he would have been entitled , if he had been separately sued in the action . [ Code , § 455 , without change . ] PROPOSED ALTERNATIVE SECTION . § 90 ...
Page 74
... section . A partial defense may be set forth under the last section , but it must be expressly stated to be a partial defense to the entire complaint , or to one or more separate causes of action therein stated . On a demurrer to a ...
... section . A partial defense may be set forth under the last section , but it must be expressly stated to be a partial defense to the entire complaint , or to one or more separate causes of action therein stated . On a demurrer to a ...
Page 84
... last section , the court may direct the fact to be found according to the evidence , or may order an immediate ... last two sections , but a failure of proof . [ Code , § 541 , without change . ] § 180. Amendments of course . - Within ...
... last section , the court may direct the fact to be found according to the evidence , or may order an immediate ... last two sections , but a failure of proof . [ Code , § 541 , without change . ] § 180. Amendments of course . - Within ...
Common terms and phrases
action brought action or special adverse party affidavit appeal appellate division application appointed attorney awarded bail cause of action certified chattel claim clerk Code commencement complaint corporation costs court of record court or judge damages deemed defendant delivered deposition direct discharge discretion docket dower effect entitled erty execution fees filed final judgment final order granted habeas corpus hundred interest interlocutory judgment issue of fact judgment creditor judgment debtor judgment or order judgment-roll jurors jury justice last section letters testamentary liability lien ment mortgage motion notice officer otherwise paid paid into court papers payment personal property petition plaintiff pleading prescribed by law prescribed in section proceeds proof PROPOSED ALTERNATIVE SECTION provisions real property receiver referee rendered served sheriff special proceeding specified summons supreme court sureties taken term therein thereto tion trial undertaking unless verdict virtue warrant of attachment writ writ of certiorari
Popular passages
Page 47 - 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.
Page 124 - ... in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers 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 attachment...
Page 80 - 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 289 - 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 offence for a term less than for life ; or, 4. A married woman, — The time, during which such disability...
Page 141 - On such an application the defendant must give an undertaking with at least two sufficient sureties, to the effect that he will on demand pay to the plaintiff the amount of any judgment which may be recovered in the action against him, not exceeding a sum specified in the undertaking, with interest.
Page 203 - ... unable to deliver it : that it has not been opened or altered since he received it...
Page 101 - For the purpose of justification, each of the bail must attend before the judge or county clerk, at the time and place mentioned in the notice, and may be examined on oath on the part of the plaintiff, touching his sufficiency, in such manner as the judge or clerk, in his discretion, may think proper. The examination must be reduced to writing, and subscribed by the bail, if required by the plaintiff.
Page 70 - 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 309 - ... heretofore or hereafter granted by the United States, or by a state, for military or naval services; a sword, horse, medal, emblem or device of any kind presented as a testimonial for services rendered in the military or naval service of the United States or...
Page 364 - ... or may modify, the judgment or order appealed from, and each interlocutory judgment or intermediate order, which it is authorized to review, as specified in the notice of appeal, and as to any or all of the parties.