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action adverse affidavit allowed amended amount answer apply appointed arrest attachment attorney brought calendar cause cause of action CHAPTER circuit civil claim clerk Code commenced common complaint copy corporation costs court of appeals damages debtor deemed defendant deliver deposited direct district dollars duty effect entered entitled examination exceptions execution fact filed give given granted guardian heard held holding infant interest issue judge judgment jurisdiction jury justice manner matter ment motion necessary notice offer otherwise party payment person plaintiff pleading possession prescribed printed proceed proceedings proof publication question real property received recover reference rendered residence respect Rule served sheriff special term specified statute sufficient summons supreme court sureties taken thereafter therein thereof tion trial tried twenty undertaking unless Voorhis witness writing York
Page 134 - Indebtedness to judgment debtor. if it appears that a person or corporation, alleged to have property of the judgment debtor, or to be indebted to him, claims an interest in the property adverse to him, or denies the debt...
Page 70 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Page 212 - No judicial officer, except justices of the peace, shall receive to his own use any fees or perquisites of office...
Page 150 - ... pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof, pursuant to the judgment...
Page 104 - State, must require the plaintiff or his agent to be examined on oath respecting any payments that have been made to the plaintiff, or to any one for his use, on account of such demand, and may render judgment for the amount which he is entitled to recover.
Page 34 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished...
Page 38 - Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises under claim of title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question...
Page 45 - ... 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 119 - Judgment may be given, for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.
Page 75 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.