The Code of civil procedure of the state of New-York, Volume 1 (Google eBook)

Front Cover
Weed, Parsons & co., public printers, 1850 - Civil procedure - 791 pages
0 Reviews
  

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Definition of a civil action
12
OF THE COURTS OF JUSTICE
14
The Court for the trial of impeachments
18
CHAPTER IV
27
The superior court of the city of NewYork
39
CHAPTER VII
52
NewYork
63
CHAPTER XII
73
The justices courts of the cities of Albany Hudson and Troy
78
tice
85
Courts not to be open on certain days except
89
CHAPTER I
97
Powers of county judge in cases of supreme
100
Means to be used by court or judicial officer
105
circuits 39
108
Foreign juries juries de medietate linguae and trial at bar abolished
109
The qualifications and exemptions of jurors
110
cer
111
Manner of returning the grand jury list and drawing and summoning the grand jury
113
of drawn grand jurors
114
Grand jury to be drawn from names depo sited How drawn for a city court
115
Misdescription of court not to invalidate order tie 264 Number of ballots to be drawn to constitute grand jury
116
Drawing how conducted
117
Panel to be delivered to sheriff
118
Panel when and how returned
119
Manner of returning the trial jury list except
121
ARTICLE X
135
CHAPTER IV
141
District attorneys
152
ARTICLE I
157
Deputy clerks
163
supreme court to another
164
Jail liberties and the admission of prisoners thereto 181
165
He is the chief executive officer and conserva
166
County jails the keeping of prisoners therein
172
Physician to jail how and by whom appoint
178
Present jail liberties continued
181
cess to a new sheriff
187
Duties of coroners when the sheriff is a party
194
to the courts of justice 1
201
Duties of attorneys and counsellors
204
ARTICLE IV
210
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
The courts of justice in general 15
230
The time of commencing actions other than for the recovery
233
General provisions
237
Existing causes of action not affected
242
Parties designated as plaintiffs and defend
249
TITLE V
254
CHAPTER I
262
Counterclaim precludes another action for
266
CHAPTER VI
272
No error or defect to re 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
700
293
Security upon injunction to suspend business
298
Judgment and execution
304
Attachment may be vacated on motion
311
Issues and the mode of trial
317
Order of proceedings on trial
324
The verdict
330
Previsions relating to trial in general
334
When property is claimed by a third person sheriff may summon jury to try the claim
353
Manner of executing against property
354
Penalty for selling without notice
355
Certificate of sale of real property
356
Redemption may be by payment to purchaser
357
The evidence of the lien must be produced
358
TITLE X
368
TITLE XI
378
CHAPTER D
384
Actions for nuisance waste trespass on indian lands and wij ful trespass on other real property 38g Ssction 908 Nuisance defined action therefor
386
Who maprosecute
389
CHAPTER IV
390
Who may not purchase
391
CHAPTER V
409
legatees heirs and devisees
416
CHAPTER VII
428
Actions against same official persons
432
county
435
Judgments against town officers how paid
436
CHAPTER IX
437
Actions in justices courts
445
Pleadings and trial
459
Sheriff to make return 311
476
ARTICLE IV
480
Of appeals in civil actions
493
Appeals to thj supreme court from an inferior court
501
Appeal to the court of common pleas of the ciy
504
When the people will not sue 227
508
TITLE XIII
512
Admission or inspection of writing?
516
General provisions
523
Provisions respecting suits heretofore commenced
529
OF SPECIAL PROCEEDINGS
531
Of state writs
532
Its extent
535
How directed 638
536
If return defective how return ordered
537
To whom and for what issued
538
When peremptory writ allowed
539
Issues when tried
540
The writ of assessment of damages 54J Section 1295 Writ of assessment defined
541
Sheriff to give notice
542
Inquisition may be set aside 643
543
Owners may apply therefor
544
The writ of deliverance from imprisonment
545
Return may be controverted
557
Transferring parly to elude writ a misde meanor
560
Judgment of discharge if imprisonment illegal
561
Person to be committed or bailed 661
562
Action mast be commenced within one year
563
Charges of bringing up prisoner may be or dered to be paid
564
CHAPTER VI
565
Of summary proceedings
567
If answer made case to be put on calender
570
CHAPTER IV
578
Summary proceedings for obtaining possession of real proper ty Jn 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
General provisions
615
Of the punishment of contempts
617
Of assessments
624
Of the voluntary dissolution of corporations
633
Of proceedings in the courts of conciliation
641
Of arbitrations
647
Like proceedings on property taken for Uni ted States 544
718

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 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 a 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 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 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 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...
Page 239 - ... 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.

Bibliographic information