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

New York (State), John Townshend

Baker, Voorhis [sic.], 1873 - Počet stran: 899

Obsah

• 1 The court for trial of impeachments 2 The court of appeals: 14
• OF THE COURTS IN GENERAL: 15
• OF THE SUPREME COURT CIRCUIT COURTS AND COURTS: 16
• TITLE IV: 26
• The county courts: 30
• THE CITY OF NEW YORK AND THE MAYORS AND: 32
• The courts of justices of the peace 11 The superior court of the city of New York: 33
• Concurrence of two judges necessary: 38
• Appeal: 50
• TITLE VII: 67
• The court of common pleas for the city and county of New York: 69
• Distinction between actions and suits abolished: 70
• The mayors courts of cities 14 The recorders courts of cities 15 The marine court of the city of New York: 71
• Two years: 79
• TITLE III: 88
• TITLE IV: 117
• TITLE V: 124
• TITLE VI: 144
• 74: 192
• Defendant to demur or answer: 202
• 8885585: 204
• 100: 210
• The answer: 211
• 3: 218
• 76: 228
• The reply: 235
• 77: 246
• 101: 248
• 67: 249
• 67: 255
• 103: 260
• Mistakes in pleading and amendments: 261
• stantial rights: 274
• Supplemental complaint answer and reply: 275
• TITLE VII: 277
• 107: 278
• Arrest in civil actions in what cases: 281
• 78: 285
• 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
• 108: 297
• Qualification of bail: 298
• Allowance of bail: 299
• Deposit how disposed of after judgment in the action: 300
• Proceedings on judgment against sheriff: 301
• 68: 302
• Claim and delivery of personal property SEC 206 Claim and delivery of personal property: 305
• Affidavit of its requisites: 307
• 79: 320
• 109: 333
• Provisional remedies: 347
• 80: 352
• 82: 361
• Issues and the mode of trial: 366
• 117: 371
• 83: 373
• 119: 393
• Trial by the court: 396
• 84: 397
• All issues referable by consent: 402
• 124: 403
• 126: 414
• Judgment may be for or against any of the parties to: 419
• TITLE IX: 433
• 127: 435
• 129: 451
• Proceedings supplementary to execution: 460
• OF THE COURTS OF JUSTICE AND THEIR JURIS: 466
• 131: 477
• TITLE X: 478
• 134: 484
• 141: 491
• 143: 498
• TITLE XI: 522
• Appeal in what cases Judgment on verdict subject: 531
• 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 the superior court and court of common pleas of the city of New York from a single judge to the general term SEC...: 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 repeale...: 561
• Further return: 572
• Appeal to be heard on the original papers: 573
• Judgmentroll: 582
• Restitution: 583
• Answer and reply to be verified as in an action: 591
• Action for discovery abolished: 607
• Motions and orders: 627
• Affidavits defectively entitled: 637
• Guardians not to receive property until security given: 644
• Actions in place of scire facias quo warranto and of informations: 650
• Entry of judgment relating to letters patent: 657
• Actions to determine conflicting claims to real property and: 664
• TITLE XIV: 674
• RULES OF COURTS: 681
• The several courts: 715
• Repeal of existing provisions: 722
• 33: 748
• RULES OF SUPREME COURT: 755
• ACT RELATING TO THE COURT OF APPEALS AND THE COMMISSION: 768
• Its jurisdiction: 769
• ACT TO REGULATE PROCEEDINGS AGAINST CORPORATIONS BY INJUNC: 775
• Termspreference of causes: 803
• 12: 864

Oblíbené pasáže

Strana 108 - 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 262 - 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...

Strana 101 - 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...

Strana 79 - ... 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.

Strana 379 - 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...

Strana 276 - 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.

Strana 592 - 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.

Strana 103 - 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.

Strana 70 - 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.

Strana 15 - ... 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.

Bibliografické údaje

• Název: 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
• Autoři: New York (State), John Townshend
• Vydání: 10
• Vydavatel: Baker, Voorhis [sic.], 1873
• Zdroj originálu: Harvardská univerzita
• Digitalizováno: 5. prosinec 2007
• Délka: Počet stran: 899