Annual Report of the Commissioners of Statutory Revision of the State of New York. Transmitted to the Legislature April 5, 1900, Volume 2James B. Lyon, State Printer, 1900 - Civil procedure |
From inside the book
Results 1-5 of 99
Page 7
... authorized by or before any judge . [ New . ] § 2. Courts of record . Each of the following courts is a court of record : 1. The court for the trial of impeachments . 2. The court of appeals . 3. The appellate division of the supreme ...
... authorized by or before any judge . [ New . ] § 2. Courts of record . Each of the following courts is a court of record : 1. The court for the trial of impeachments . 2. The court of appeals . 3. The appellate division of the supreme ...
Page 14
... authorized to hold the term or part , a written direction to adjourn the term or part to a future day certain , he must adjourn it accordingly , instead of adjourning it as pre- scribed in the last section . The direction must be ...
... authorized to hold the term or part , a written direction to adjourn the term or part to a future day certain , he must adjourn it accordingly , instead of adjourning it as pre- scribed in the last section . The direction must be ...
Page 37
... authorized to have five attend- ants and ought not to be limited to the attendance of but three . The justices of the appellate division in the first department should be allowed to designate such number of attendants as they deem ...
... authorized to have five attend- ants and ought not to be limited to the attendance of but three . The justices of the appellate division in the first department should be allowed to designate such number of attendants as they deem ...
Page 40
... authorized to bi- ennially assign the trial justices to hold terms . ] § 82. Appointments of terms by trial judges . - If the justices of the appellate division in any department shall not have fixed the times and places for holding the ...
... authorized to bi- ennially assign the trial justices to hold terms . ] § 82. Appointments of terms by trial judges . - If the justices of the appellate division in any department shall not have fixed the times and places for holding the ...
Page 43
... authorized the appellate division , if in session , and otherwise the governor , to designate another justice of the department to make the designation . This section author- izes the presiding justice to make the designation from any ...
... authorized the appellate division , if in session , and otherwise the governor , to designate another justice of the department to make the designation . This section author- izes the presiding justice to make the designation from any ...
Common terms and phrases
action or special adjourned adverse possession affidavit amended appeal appellate division application appointed assignment attend attorney bond cause of action certified change of substance chapter chattel citation civil procedure claim Code Civ commissioner of jurors constable county clerk county judge county treasurer court of record creditor debtor debts decedent decree defendant directed discharge dollars duly effect entitled Erie county evidence execution executor or administrator fees filed guardian Holland Land Company intended change issued judgment jurisdiction justice Kings county last section last sentence letters letters testamentary liable ment notice oath paid party payment penalty personal property petition petitioner plaintiff prescribed by law probate proof provisions real property recover resident rewritten served sheriff special proceeding specified stenographer subdivision subpoena summons supreme court sureties surrogate surrogate's court term therein thereto tion transcript trial jurors undertaking witness York York county
Popular passages
Page 549 - The answer of the defendant must contain: "1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Page 550 - 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 504 - 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 689 - ... person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting an allegation material to the case...
Page 329 - ... office, and that letters issued to him may be revoked. Where the bond so taken is that of a guardian, the petition may also be presented by any relative of the infant.
Page 128 - 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 ; or 4.
Page 176 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 532 - ... 2. That the property is wrongfully detained by the defendant : 3. The alleged cause of the detention thereof, according to his best knowledge, information and belief.
Page 861 - Within the age of twenty-one years ; or 2. Insane; or 3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than his natural life; or 4. A married woman; The time of such disability is not a part of the time limited for the commencement of the action...
Page 117 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.