Rust's New York Code of Civil Procedure 1885 |
From inside the book
Results 1-5 of 76
Page 5
... issued out of a court of record , must be tested , except where it is otherwise specially prescribed by law , in the name of a judge of the court , on any day ; must be returnable within the time prescribed by law ; or , if no time is ...
... issued out of a court of record , must be tested , except where it is otherwise specially prescribed by law , in the name of a judge of the court , on any day ; must be returnable within the time prescribed by law ; or , if no time is ...
Page 104
... issued to the sheriff of the county in which he was arrested , and returned by that sheriff , wholly or partly unsatisfied . 2. An execution , against the person of the defendant , must have been issued to the same sheriff , and by him ...
... issued to the sheriff of the county in which he was arrested , and returned by that sheriff , wholly or partly unsatisfied . 2. An execution , against the person of the defendant , must have been issued to the same sheriff , and by him ...
Page 114
... issued , that there is reason to suspect that a certificate given by him is untrue , or that it fails fully to set forth the facts , required to be shown thereby ; the court or judge may make an order , directing him to attend , at a ...
... issued , that there is reason to suspect that a certificate given by him is untrue , or that it fails fully to set forth the facts , required to be shown thereby ; the court or judge may make an order , directing him to attend , at a ...
Page 148
... issued out of court . 853. Penalty for disobedience . 854. Subpoena to be issued by judge , etc. 855. Penalty for disobeying subpœna ; warrant for witness . 855. When witness to be imprisoned . 857. Contents of warrauts . 853. To whom ...
... issued out of court . 853. Penalty for disobedience . 854. Subpoena to be issued by judge , etc. 855. Penalty for disobeying subpœna ; warrant for witness . 855. When witness to be imprisoned . 857. Contents of warrauts . 853. To whom ...
Page 149
... issued as prescribed in this title , must be directed to the sheriff of the county where the person is , and must be executed by him , in the same manner , as a similar mandate issued , by a court of record , in an action . $ 859 . The ...
... issued as prescribed in this title , must be directed to the sheriff of the county where the person is , and must be executed by him , in the same manner , as a similar mandate issued , by a court of record , in an action . $ 859 . 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.