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abolished adverse party adverse possession affidavit amended answer appellate court apply appointed arrest attachment attorney bail brought cause of action Chapter circuit courts city and county city of New-York civil actions claim clerk commenced common pleas complaint copy corporation costs county court county judge county of New-York court of common court or judge courts of cities damages deemed defendant deliver delivery demurrer deposit docketed effect entitled examined execution existing suits filed granted inferior court injunction issue of fact issue of law judgment debtor judgment roll jurisdiction jury justice letters patent liable manner ment motion notice oyer and terminer personal property plaintiff pleading prescribed proceedings prosecuted Provisional Remedies quo warranto real property recover recovery of money reference rendered repealed require residence scire facias served sheriff single judge special terms specified summons superior court supreme court sureties thereafter therein thereof tion twenty days undertaking unless verdict warrant writ
Page 37 - Within the age of twenty-one years ; or 2. Insane ; or 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life ; or 4.
Page 45 - 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 then order them to be brought in.
Page 73 - ... to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be...
Page 59 - In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall be bound to establish on the trial that it was so published or spoken.
Page 35 - Where it has been usually cultivated or improved ; 2. Where it has been protected by a substantial inclosure ; 3.
Page 49 - ... county in which the property is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action, and...
Page 91 - Trial by jury may be waived by the several parties to an issue of fact in actions arising on contract, or for the recovery of specific real or personal property, with or without damages, and with the assent of the court in other actions, in manner following: 1. By failing to appear at the trial; 2. By written consent, in person or by attorney, filed with the clerk; 3. By oral consent, in open court, entered in the minutes.
Page 46 - ... A defendant, against whom an action is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon...