The Code of Procedure of the State of New York: As Amended by the Legislature, by an Act Passed July 10, 1851, with Notes of Decisions and References to Th Rules and Form of Practice, with a Copious Index |
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Page 23
... demand ; he cannot enter judgment on de- fault of the defendant . Muscott vs. Miller , 1 Code Rep . 53 ; Smith vs. Fal- coner , 1 Code Rep . 120 . The 7th sub - division of this section controls the first subdivision . Miles vs. Winslow ...
... demand ; he cannot enter judgment on de- fault of the defendant . Muscott vs. Miller , 1 Code Rep . 53 ; Smith vs. Fal- coner , 1 Code Rep . 120 . The 7th sub - division of this section controls the first subdivision . Miles vs. Winslow ...
Page 26
... demand of judgments , a party in whose favor he shall have rendered a judgment , shall give a transcript thereof , which may be filed and dock- Amended eted in the office of the clerk of the county where the judg- ment was rendered ...
... demand of judgments , a party in whose favor he shall have rendered a judgment , shall give a transcript thereof , which may be filed and dock- Amended eted in the office of the clerk of the county where the judg- ment was rendered ...
Page 28
... demand , or state the nature thereof as far forth as may be in his power , and in case of his default preclude him from giving evi- dence of such parts thereof as shall not have been so ex- hibited or stated . Certain 15 . [ Sec . 57 ...
... demand , or state the nature thereof as far forth as may be in his power , and in case of his default preclude him from giving evi- dence of such parts thereof as shall not have been so ex- hibited or stated . Certain 15 . [ Sec . 57 ...
Page 40
... demands between the parties , the cause action ac- action up- on a current account . of action shall be deemed to have accrued from the time of Amended the last item proved in the account on either side . ' 1849 . penalties , person who ...
... demands between the parties , the cause action ac- action up- on a current account . of action shall be deemed to have accrued from the time of Amended the last item proved in the account on either side . ' 1849 . penalties , person who ...
Page 46
... demand- ed , may be joined as plaintiffs , except as otherwise pro- vided in this title . Who may be joined as § 118. [ Sec . 98. ] Any person may be made a defendant , defendants . Amended who has or claims an interest in the ...
... demand- ed , may be joined as plaintiffs , except as otherwise pro- vided in this title . Who may be joined as § 118. [ Sec . 98. ] Any person may be made a defendant , defendants . Amended who has or claims an interest in the ...
Other editions - View all
The Code of Procedure of the State of New York: As Amended by the ... H. S. McCall No preview available - 2017 |
The Code of Procedure of the State of New York: As Amended by the ... New York,Henry Strong McCall No preview available - 2016 |
The Code of Procedure of the State of New-York; As Amended by the ... H. S. McCall No preview available - 2017 |
Common terms and phrases
abolished adverse party affidavit allegation allowed Amended amount answer apply appointed attachment attorney bail Barb brought cause of action ceedings CHAPTER city of New-York civil actions claim clerk Code Rep commenced common pleas complaint copy corporation costs county court county judge court of common court or judge damages decree deemed defendant deliver delivery demurrer deposit docketed dollars effect entered entitled examined execution fees fendant filed granted hundred injunction issue of fact issue of law judgment debtor judgment roll jurisdiction jury justice letters patent liable manner ment motion notice oyer and terminer Passed personal property plaintiff pleading prescribed proceed proceedings prosecuted provisional remedy quo warranto real property recover referees rendered resident Revised Statutes Sand scire facias served sheriff special term specified summons superior court supreme court Supreme Court Rule sureties therein thereof tion tried twenty days undertaking unless verdict writ
Popular passages
Page 75 - ... 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 attachment, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 40 - An action against a Sheriff, Coroner or Constable, upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution. But this Section shall not apply to an action for an escape. 2. An action upon a statute, for a penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the State, except where the statute imposing it prescribes...
Page 60 - ... The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; 2.
Page 70 - 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, or a mistake in any other respect...
Page 49 - 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 66 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Page 71 - ... 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...
Page 90 - 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 83 - ... if they, or others in their place, fail to justify, at the time and place appointed, he shall deliver the property to the plaintiff.
Page 42 - Within the age of twenty-one years ; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or, in execution under the sentence of a criminal court, for a term less than his natural life ; The time of such disability is not a part of the time limited, for the commencement of the action...