The Code of Procedure of the State of New York, as Amended to 1870: With Notes on Pleading and Practice, Rules of the Courts, and a Full Index

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Baker, Voorhis & Company, 1870 - Civil procedure - 861 pages

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Contents

Its jurisdiction 15
537
waived
540
On judgment for money security to stay execution New undertaking on sureties in the first becoming insolvent Deposit in lieu of undertaking
542
If judgment be to deliver document or personal property it must be deposited or security given
543
If judgment be to execute conveyance it must be executed and deposited
544
Stay of proceedings upon security Dispensing with security
545
Undertakings may be in one instrument or several
546
Perishable property may be sold notwithstanding appeal
547
Undertaking must be filed Appeals from orders
548
Appeals where heard
549
Appeals in the supreme court and the superior court and court of common pleas of the city of New York from a single judge to the general term SEC...
550
Appeal to the court of common pleas for the city and county of New York or to a county court from an inferior court SEC 351 Existing laws repeale...
561
Clerk to transmit papers to appellate court
571
Further return
572
Appeal to be heard on the original papers
573
Judgmentroll
582
Restitution
583
Action for discovery abolished
607
Motions and orders
627
Entitling affidavits
637
Guardians not to receive property until security given
644
Actions in place of scire facias quo warranto and of informations
650
Damages how recovered
656
Entry of judgment relating to letters patent
657
Actions to determine conflicting claims to real property and
664
TITLE XIV
674
RULES OF COURTS
683
Repeal of existing provisions
722
co co co co co
748
RULES OF COURT OF APPEALS 682
755
ACT RELATING TO THE COURT OF APPEALS AND THE COMMISSION
768
ACT TO REGULATE PROCEEDINGS AGAINST CORPORATIONS BY INJUNC
775
Proof of service
781
527
784
When jurisdiction acquired Appearance
787
Summons to be accompanied by affidavit of amount due 590
821
Offer of the defendant to compromise the whole or a part
832
Appeal in what cases Judgment on verdict subject
859

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Common terms and phrases

Popular passages

Page 114 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 264 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party...
Page 762 - Justices of the Peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term they shall hold for the residue of the unexpired term.
Page 85 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Page 219 - Procedure provides that the answer of the defendant shall contain (2) a statement of any new matter constituting a defense or counterclaim. Section 438 thereof provides that — "The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action...
Page 309 - Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff...
Page 594 - The defendant may, at any time before the trial or verdict, serve upon the plaintiff, an offer in writing to allow judgment to be taken against him, for the sum or property, or to the effect therein specified, with costs.
Page 109 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Page 759 - Judges of the court of appeals, and justices of the supreme court, may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to each house concur therein.
Page 87 - . o acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.

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