The Code of Civil Procedure of the State of New-York

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Weed, Parsons & Company, public printers, 1850 - Počet stran: 791
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The Court for the trial of impeachments
18
2285
20
62
27
84
39
85
47
The courts of oyer and terminer
52
The surrogates court
58
The courts of sessions
62
Other indictments may be sent to oyer
63
CHAPTER XI
68
CHAPTER XII
73
The marine court of the city of NewYork
81
Judicial days
85
Courts not to be open on certain days except
89
CIVIL CODE
97
Powers of county judge in cases of supreme
100
Means to be used by court or judicial officer
105
Definition of a trial jury
108
Clerk or sheriff to furnish copy panel without
113
Manner of returning the trial jury list except
121
Court when held
123
Manner of returning a special trial jury
135
336
137
How appointed their tenure of office powers
141
38
150
CHAPTER II
152
ARTICLE I
157
ARTICLE IV
163
supreme court to another
164
He is the chief executive officer and conserva
165
County jails the keeping of prisoners therein and the pro
172
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
201
Duties of attorneys and counsellors
204
ARTICLE IV
210
By whom proceedings may be instituted
215
CHAPTER III
221
Guardians
222
15
225
Occupation under written instrument or judg
227
78 79
229
335355
231
CHAPTER III
233
91 92
235
99
237
104
240
110
241
Plaintiff may sue in one action the different
242
117
248
Of the place of trial of civil actions
251
Proceedings when there are several defend
254
135
259
TITLE VI
262
Counterclaim precludes another action for
266
CHAPTER VI
272
New writ in certain cases requiring produc tion of person 558
276
168
279
No error or defect to be regarded unless it af fect substantial rights
282
TITLE VII
283
186
287
other bail
289
Justification and allowance of bail
290
Deposit of money with sheriff
291
Claim and delivery of personal property
293
Security upon injunction to suspend business of corporation
298
CHAPTER IV
302
Receivers
311
Issues and the mode of trial
313
255
319
Trial of jury
322
If juror be taken sick jury discharged
324
260
330
Provisions relating to trials in general
334
Judgment a lien from the time of docketing
340
CHAPTER I
347
CHAPTER II
362
Defence that there are debts of a prior class
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
Judgment and execution
471
eted
479
ARTICLE IV
480
4
489
Of appeals
493
333
496
Appeals to the supreme court from an inferior court
501
347
502
Judgment how given
504
00000
506
Of the miscellaneous proceedings and general
512
Admission or inspection of writings
516
General provisions
523
12
524
act
527
Counsel to speak only an hour without leave
528
All existing rights of action prosecuted as prescribed in this code
529
PART III
531
Of state writs
532
Its extent
535
CHAPTER III
537
CHAPTER IV
541
The writ of deliverance from imprisonment
545
officer
550
Contents of return
551
Person to be produced
552
If sheriff neglect warrant to issue to coroner
553
Party to be remanded in what cases
554
Legality of certain order and process not in quired into
555
Until judgment given party how kept
556
Return may be controverted
557
meanor
560
Judgment of discharge if imprisonment illegal
561
For refusing a copy of order forfeiture of 200
562
Writ how served
563
Charges of bringing up prisoner may be or dered to be paid
564
CHAPTER VI
565
Of summary prodeedings
567
If answer made case to be put on calender
570
SECTION 1384
578
Summary proceedings for obtaining possession of real proper
592
Of the enforcement of liens
600
CHAPTER III
606
Distress defined
610
four hours
611
Disposition of beasts when impounded
612
Other property and if there be no pound beasts when distrained to be kept by the distrainer
613
Notice to be served on the owner if known
614
Security may be required before surplus or dered paid to the claimant
615
Of the punishment of contempts
617
Of assessments
624
CHAPTER II
630
Of the voluntary dissolution of corporations
633
41
641
Of arbitrations
647
Judgment in general 313
655
CHAPTER II
656
42
657
Appeals from surrogates courts
664
Proceedings of insolvent to discharge himself from his debts
667
43
673
Of the admeasurement of dower
675
44
689
45
705
ted States 544
718
46
721
47
737
CHAPTER
759
49
769

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Strana 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...
Strana 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.
Strana 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...
Strana 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.
Strana 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...
Strana 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.
Strana 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.
Strana 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.
Strana 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...
Strana 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.