Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Volume 8

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S.S. Peloubet, 1886 - Civil procedure
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Page 381 - In any other case, where an attachment or any other proceeding to punish for a contempt, has been usually adopted and practiced in a court of record, to enforce a civil remedy of a party to an action or special proceeding in that court or to protect the right of a party.
Page 248 - ... party or privy to, or knowing of, a conveyance, assignment, transfer or other disposition of property for any purpose ; or that he or another person claims to be entitled as against the judgment creditor, or a receiver appointed or to be appointed in the special proceeding, to hold property, derived from or through the judgment...
Page 344 - The damages, sustained by reason of an injunction, may be ascertained and determined by the court, or by a referee, appointed by the court, or by a writ of inquiry or otherwise as the court shall direct ; and the decision of the court thereupon, or an order confirming the report of the referee, is conclusive, as to the amount of those damages, upon all the persons who have executed the undertaking, unless it is reversed upon appeal. The court...
Page 75 - For an informality in entering judgment or making up the judgment-roll. 12. For an omission on the part of a referee to be sworn; or for any other default or negligence of the clerk or any other officer of the court or of a party, his attorney or counsel, by which the adverse party has not been prejudiced.
Page 35 - ... except in a case where it is otherwise specially prescribed by law, deliver over to the defendant, or to the person entitled thereto, uPn reasonable demand, and upon payment of all costs, charges...
Page 427 - He must, either by serving process, publishing notice, appointing a guardian, or in some other way, be brought into Court, and, if judgment is rendered against him before that is done, the proceeding will be as utterly void as though the Court had undertaken to act where the subject matter was not within its cognizance.
Page 367 - Where he recovers judgment for the property, or possession of the property, he is entitled to recover, as damages, the rents and profits, or the value of the use and occupation, of the real property recovered...
Page 134 - 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 276 - ... at any time before the actual application of the attached property, or the proceeds thereof, to the payment of a judgment recovered in the action...
Page 306 - And, in every stage of the action, the court must disregard an error or defect, in the pleadings or other proceedings, which does not affect the substantial rights of the adverse party.

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