The Code of Civil Procedure of the State of New York

Front Cover
Weed, Parsons, and Company, public printers, 1850 - Civil procedure - 791 pages

From inside the book

Contents

Definition of a civil action
12
OF THE COURTS OF JUSTICE
14
Civil and criminal remedies not merged in each
18
ing the court
27
The court continued
39
The justices courts
44
Business of the general terms
47
The courts of sessions in general
62
Other indictments may be sent to oyer
63
The city courts
68
The justices courts
73
78
79
The marine court of the city of NewYork
81
CHAPTER XVI
85
Courts not to be open on certain days except
89
95
96
CIVIL CODE
97
217
98
CHAPTER VI
103
Means to be used by court or judicial officer
105
Definition of a trial jury
108
Clerk or sheriff to furnish copy panel without
113
Manner of returning the trial jury list except
121
Drawing how conducted
130
ARTICLE X
135
SECTION
139
CHAPTER IV
141
other
142
688
150
CHAPTER II
152
ARTICLE I
157
ARTICLE IV
163
supreme court to another
164
He is the chief executive officer and conserva
165
County jails the keeping of prisoners therein and the pro
172
Expenses of sheriff or other county officer
179
Present jail liberties continued
181
Execution and return of process by former
187
Miscellaneous provisions respecting sheriffs
190
Duties of coroners when the sheriff is a party
194
to the courts of justice
201
Duties of attorneys and counsellors
204
ARTICLE IV
210
Receivers
211
By whom proceedings may be instituted
215
CHAPTER III
221
Guardians
222
Of the form of civil actions
225
Occupation under written instrument or judg
227
83
231
CHAPTER III
233
99
237
Plaintiff may sue in one action the different
242
TITLE V
254
CHAPTER I
262
Counterclaim precludes another action for
266
Panel when and how returned
272
New writ in certain cases requiring produc
276
Party not appearing cannot recover costs
278
669
279
No error or defect to be regarded unless it af fect substantial rights
282
TITLE VII
283
other bail
289
Justification and allowance of bail
290
Deposit of money with sheriff
291
699
292
Security upon injunction to suspend business
298
Judgment and execution
304
The courts of justice in general
307
Receiver of property in litigation may be
311
Issues and the mode of trial
317
Conduct of the trial
324
ARTICLE III
330
Provisions relating to trials in general
334
The manner of giving and entering judgment
340
66
345
CHAPTER I
347
67
360
CHAPTER II
362
TITLE X
368
TITLE XI
378
CHAPTER II
384
Actions for nuisance waste trespass on indian lands and wil ful trespass on other real property
386
CHAPTER IV
390
Who may not purchase
391
CHAPTER V
409
legatees heirs and devisees
416
Liable for deficiency only
426
CHAPTER VIII
432
Actions in justices courts
445
Pleadings and trial
459
When action may be dismissed
471
ARTICLE IV
480
TITLE XII
493
Undertakings in one instrument or several
500
Appeals to the supreme court from an inferior court
501
Appeal to the court of common pleas of the city
504
provisions
512
General provisions
523
act
527
Counsel to speak only an hour without leave
528
All existing rights of action prosecuted as prescribed in this code
529
PART III
531
Of state writs
532
Its extent
535
CHAPTER III
537
CHAPTER IV
541
The writ of deliverance from imprisonment
545
officer
550
Contents of return
551
Person to be produced
552
If sheriff neglect warrant to issue to coroner
553
Party to be remanded in what cases
554
Legality of certain order and process not in quired into
555
Until judgment given party how kept
556
Return may be controverted
557
Judgment of discharge if imprisonment illegal
561
CHAPTER VI
565
Of summary prodeedings
567
If answer made case to be put on calender
570
Mortgage to secure payment of money only
578
Summary proceedings for obtaining possession of real proper ty in certain cases
592
Of the enforcement of liens
600
Liens on buildings
601
Liens on vessels
606
Liens on cargoes for wharfage
609
Liens on things doing damage upon real proper ty
610
four hours
611
Disposition of beasts when impounded
612
Other property and if there be no pound beasts when distrained to be kept by the distrainer
613
Notice to be served on the owner if known
614
General provisions
615
Of the punishment of contempts
617
Of assessments
624
Objections how presented
629
Of the voluntary dissolution of corporations
633
Of proceedings in the courts of conciliation
641
Of arbitrations
647
Judgment in general 313
655
Proceedings in cases of insanity and habitual
656
law
664
CHAPTER I
667
Proceedings of insolvent to discharge himself from his debts
670
Of miscellaneous proceedings and general provisions
681
The collection and remission of fines and forfeitures
687
Direct evidence defined
692
Of the general principles of evidence
702
Of the kinds and degrees of evidence
713
Allegations must be proved and may be con
716
ted States 544
718
CHAPTER
759
Judgment upon failure to answer 315
769
Whoever pays entitled to receipt
781
Provisions respecting suits heretofore com

Common terms and phrases

Popular passages

Page 267 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. 1 50. 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 250 - 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 304 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 249 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 706 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Page 386 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 706 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be, between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement, other than the contents of the writing, except in the following cases : 1.
Page 4 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 252 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2.
Page 281 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...