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action brought action or special action to recover adverse party affidavit appeal appellate division application appointed attorney awarded bail bond cause of action certified chattel claim clerk commenced complaint constable costs counterclaim county clerk court of record court or judge creditor damages decedent decree defendant delivered deposit direct discharge discretion docket dollars effect entitled execution executor or administrator fees filed final judgment final order granted guardian habeas corpus infant interest judgment debtor judgment or order jurisdiction jurors jury justice last section letters letters testamentary liability lien marriage ment mortgage motion notice otherwise paid payment personal property petition plaintiff pleading prescribed by law proof provisions pursuant real property record referee rendered replevied resident s«me served sheriff special proceeding specified statute summons supreme court sureties surrogate surrogate's court taken term therein thereto thereupon tion trial undertaking unless warrant of attachment witness writ
Page 743 - The answer of the defendant must contain: "1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Page 87 - All persons may be joined in one action as plaintiffs, in whom any right to relief [in respect of or arising out of the same transaction or series of transactions] is alleged to exist, whether jointly, severally, or in the alternative, [where if such persons brought separate actions any common question of law or fact would arise...
Page 310 - ... in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers 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...
Page 744 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 748 - The affidavit of verification must be to the effect that the pleading is true to the knowledge of the deponent, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Page 33 - For the purpose of constituting an adverse possession by any person claiming a title, founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in the following cases. 1. Where it has been usually cultivated or improved; 2.
Page 159 - Where the variance is not material, as provided in the last section, the court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Page 84 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.