The Code of procedure of the State of New York, as amended to 1873: with notes on pleading and practice, rules of the courts, and a full index (Google eBook)

Front Cover
Baker, Voorhis [sic.], 1873 - Law - 899 pages
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Contents

Jurisdiction removal of causes
33
Common pleas for New York to review certain judgments 86
36
Concurrence of two judges necessary 86
37
TITLE VI
38
TITLE VII
67
The court of common pleas for the city and county of New York
69
TITLE I
70
The mayors courts of cities 14 The recorders courts of cities 15 The marine court of the city of New York
71
Chapter IV General provisions as to the time of commencing actions
83
Where judgment reversed
85
Stay of action by injunction c
86
TITLE III
88
Guardians how appointed
101
Who may lie plaintiffs
103
Who may be defendants
104
One or more may sue or defend for all
107
One action against the different parties to bills and notes
108
Action when not to abate Death of appellant
109
Court to decide controversy c Interpleading
114
TITLE IV
117
Changing place of trial
119
TITLE V
124
Notice of lis pendens Action deemed pending
129
Summons by whom served
131
Publication of summons Form
134
Proceedings part only of defendants served Partners
139
OF THE PLEADINGS IN CIVIL ACTIONS
144
Defendant to demur or answer
202
The answer
211
The reply
235
Mistakes in pleading and amendments
261
Amendments by order
268
Court may give relief in case of mistake
273
Suing a party by a fictitious name
274
Supplemental complaint answer and reply
275
TITLE VII
277
scribed
278
Arrest in civil actions in what cases
281
Order for arrest by whom to be made
289
Security by plaintiff before obtaining order for arrest
291
Order for arrest when it may be made and its form time to answer or to move to vacate
292
Arrest how made
293
Surrender of defendant
294
Bail how proceeded against
295
Delivery of undertaking of bail to plaintiff and its ac ceptance or rejection by him
297
Qualification of bail
298
Allowance of bail
299
All issues referable by consent
402
Judgment may be for or against any of the parties to
419
TITLE IX
433
Chapter ILProceedings supplementary to execution
460
TITLE X
478
OF THE COURT OF APPEALS
503
TITLE XI
522
Appeal in what cases Judgment on verdict subject
531
Its jurisdiction 15
537
On appeal security must be given or deposit made unless 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 tlie superior court and court of common pleas of the city of New Tori from a single judge to the general term Sec 3...
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 repealed...
561
How made if justice be out of office
571
Further return
572
Appeal to be heard on the original papers
573
Judgmentroll
575
Costs how awarded
582
Restitution
583
Admisssion or inspection of WRITINGS 601607
601
Action for discovery abolished
607
Motions and orders
627
Affidavits defectively entitled
637
Guardians not to receive property until security given
644
Chapter ILAction in place of scire facias quo warranto and of informations
650
Provisions of the revised statutes applicable to actions
657
Actions to determine conflicting claims to real property and
664
TITLE XIV
674
RULES OF COURTS
682
Rules of Supreme Court
755
Act relating to the Court of Appeals and the Commission
768
Act to regulate proceedings against corporations by injunc
775
When service by publication complete 141
798
Confession of judgment without action
824
Offer of compromise 597
835
Proof of service
852
Inspection and copy of books papers aud documents
12
The justices district courts in the city of New York
16
The justices courts of cities
17
The police courts
18

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 268 - 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 107 - 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 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 385 - In an action for the recovery of money only, or specific real property, the jury in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues...
Page 282 - When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.
Page 598 - 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 76 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
Page 21 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.

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