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
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Page 6
... reason of vacancy or change in judges . 14. Same proceedings before different judges . 15. Adjournment of court to a future day . 16. Adjournment of term , judge not appearing . 17. When a court to be adjourned to a day certain . 18 ...
... reason of vacancy or change in judges . 14. Same proceedings before different judges . 15. Adjournment of court to a future day . 16. Adjournment of term , judge not appearing . 17. When a court to be adjourned to a day certain . 18 ...
Page 11
... reason of having no seal or a wrong seal thereon , or of any mistake or omission in the teste thereof , or in the name of the clerk , unless it was issued by special order of the court . [ Code Civ . Pro . , § 24 , without change ...
... reason of having no seal or a wrong seal thereon , or of any mistake or omission in the teste thereof , or in the name of the clerk , unless it was issued by special order of the court . [ Code Civ . Pro . , § 24 , without change ...
Page 12
... reason of vacancy or change in judges . An action or special proceeding , civil or criminal , in a court of record , is not discontinued by a vacancy or change in the judges of the court , or by the re - election or re - appointment of ...
... reason of vacancy or change in judges . An action or special proceeding , civil or criminal , in a court of record , is not discontinued by a vacancy or change in the judges of the court , or by the re - election or re - appointment of ...
Page 14
... reason of war , pestilence or other public calamity , or the danger thereof , that the next ensuing term , or the next ensuing adjourned sitting , of the court of ap- peals , or that the next ensuing term of any other court of record ...
... reason of war , pestilence or other public calamity , or the danger thereof , that the next ensuing term , or the next ensuing adjourned sitting , of the court of ap- peals , or that the next ensuing term of any other court of record ...
Page 15
... - If , during the actual session of a term of a court of record , the judge , or a majority of the judges holding the same , deem it inexpedient , by reason of war , pestilence or other public calamity THE JUDICIARY LAW . 15.
... - If , during the actual session of a term of a court of record , the judge , or a majority of the judges holding the same , deem it inexpedient , by reason of war , pestilence or other public calamity THE JUDICIARY LAW . 15.
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.