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

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Baker, Voorhis [sic.], 1873 - Počet stran: 899
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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
7072

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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.

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