Rust's New York Code of Civil Procedure 1885 |
From inside the book
Results 1-5 of 85
Page 27
... brought by a sheriff on a bond for the jail liberties , it is a defence , that the prisoner voluntarily returned to the liberties of the jail from which he escaped , or was recaptured by , or surrendered to the sheriff , from whose ...
... brought by a sheriff on a bond for the jail liberties , it is a defence , that the prisoner voluntarily returned to the liberties of the jail from which he escaped , or was recaptured by , or surrendered to the sheriff , from whose ...
Page 46
... brought by a resident of the city wherein the court is located , against a natural person , who is not a resident of the State . 7. To an action brought by a resident of that city against a foreign cor- poration , either ( one ) to ...
... brought by a resident of the city wherein the court is located , against a natural person , who is not a resident of the State . 7. To an action brought by a resident of that city against a foreign cor- poration , either ( one ) to ...
Page 47
... brought . § 266. The jurisdiction of a superior city court , in an action or a special proceeding brought therein , must always be presumed . It is not neces- sary to set forth in a complaint in such an action , or in the petition or ...
... brought . § 266. The jurisdiction of a superior city court , in an action or a special proceeding brought therein , must always be presumed . It is not neces- sary to set forth in a complaint in such an action , or in the petition or ...
Page 48
... brought in the supreme court . § 270. An order for the removal of an action or special proceeding , as prescribed in the last section , can be made only upon notice , and by a spe- cial term of the supreme court , where the motion might ...
... brought in the supreme court . § 270. An order for the removal of an action or special proceeding , as prescribed in the last section , can be made only upon notice , and by a spe- cial term of the supreme court , where the motion might ...
Page 55
... brought upon a bond or other contract , the judgment must be for the sum actually due , without regard to a penalty therein contained ; and , where the money is payable in instalments , successive actions may be brought for the ...
... brought upon a bond or other contract , the judgment must be for the sum actually due , without regard to a penalty therein contained ; and , where the money is payable in instalments , successive actions may be brought for the ...
Common terms and phrases
action brought action or special adverse party affidavit am'd appeal application appointed attend attorney awarded bail bond cause of action certified chattel clerk commenced complaint corporation county clerk county judge county treasurer court of record court or judge creditor damages decedent decree deemed defendant delivered deposition directed discharge discretion entitled execution executor or administrator filed final judgment granted guardian habeas corpus hundred interest issue of fact jail judgment debtor jurisdiction jury justice last section letters testamentary liable notice otherwise paid payment pending personal property petition petitioner plaintiff pleading prescribed by law prescribed in section prisoner proof provision real property referee rendered resident served sheriff special proceeding specified stenographer summons superior city court supreme court sureties surrogate surrogate's court taken term therein thereto thereupon tion trial jurors trustee undertaking unless warrant of attachment witness writ
Popular passages
Page 323 - ... a fair and just compensation for the pecuniary injuries, resulting, from the decedent's death, to the person or persons for whose benefit the action is brought.
Page 99 - That the defendant is either a foreign corporation or not a resident of the State ; or, if he is a natural person and a resident of the Srate, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...
Page 152 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Page 276 - Such a notice may be filed with the complaint, before the service of the summons ; but, in that case, personal service of the summons must be made upon a defendant, within sixty days after the filing, or else, before the expiration of the same time, publication of the summons must be commenced, or service thereof must be made without the State, pursuant to an order obtained therefor, as prescribed in chapter fifth of this act.
Page 322 - ... would have been liable to an action in favor of the decedent by reason thereof if death had not ensued.
Page 84 - In pleading a judgment, or other determination of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction ; but, the judgment or determination may be stated to have been duly given or made.
Page 608 - judgment creditor " signifies the person who is entitled to collect, or otherwise enforce, in his own right, a judgment for a sum of money or directing the payment of a sum of money. 6. A " judgment creditor's action...
Page 139 - ... making an affidavit that he received it from the agent; that the agent is dead, or from sickness or other casualty...
Page 81 - 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 ; 2.
Page 58 - ... 1. Where it has been usually cultivated or improved. 2. Where it has been protected by a substantial inclosure. 3. Where, although not inclosed, it has been used for the supply of fuel, or of fencing timber, either for the purposes of husbandry, or for the ordinary use of the occupant.