The Code of Civil Procedure of the State of New York: The Twenty-three Chapters in Full, the Different Amendments in Their Proper Sections, as in Force on September 1st, 1877, and All Subsequent Amendments and Enactments Affecting the Same ...Banks & Bros., 1895 - 926 страница |
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Страница 31
... Judgment against sheriff to be evidence against sureties , etc. Put if judgment has been rendered against the sheriff , in an action brought for the escape , and due notice of the pendency of the action was given to the prisoner and his ...
... Judgment against sheriff to be evidence against sureties , etc. Put if judgment has been rendered against the sheriff , in an action brought for the escape , and due notice of the pendency of the action was given to the prisoner and his ...
Страница 101
... judgment , only in a case where it could be issued upon a judgment in an action against the executor or administrator . $ 507 . Defendant may interpose several defenses or counter - claims . [ AMENDED BY CH . 542 OF 1879. ] A defendant ...
... judgment , only in a case where it could be issued upon a judgment in an action against the executor or administrator . $ 507 . Defendant may interpose several defenses or counter - claims . [ AMENDED BY CH . 542 OF 1879. ] A defendant ...
Страница 109
... judgment for the defendant is not a bar to the new action to recover the money or chattel . 3. To recover moneys , funds or property held or owned by the State , or held or owned officially or otherwise for or in behalf of a public or ...
... judgment for the defendant is not a bar to the new action to recover the money or chattel . 3. To recover moneys , funds or property held or owned by the State , or held or owned officially or otherwise for or in behalf of a public or ...
Страница 200
... judgment to be entered thereupon , and in any such case it shall not be necessary for the court or referee to make any finding of fact . Where it directs an interlocutory judgment with leave to the party in fault to plead anew or amend ...
... judgment to be entered thereupon , and in any such case it shall not be necessary for the court or referee to make any finding of fact . Where it directs an interlocutory judgment with leave to the party in fault to plead anew or amend ...
Страница 240
... JUDGMENTS . TITLE I. JUDGMENT IN AN ACTION . TITLE II - JUDGMENTS TAKEN WITHOUT PROCESS . TITLE III . — VACATING OR SETTING ASIDE A JUDGMENT , FOR IRREGULARITY OR ERROR IN FACT . ARTICLE 1. General provisions . TITLE I. Judgment in an ...
... JUDGMENTS . TITLE I. JUDGMENT IN AN ACTION . TITLE II - JUDGMENTS TAKEN WITHOUT PROCESS . TITLE III . — VACATING OR SETTING ASIDE A JUDGMENT , FOR IRREGULARITY OR ERROR IN FACT . ARTICLE 1. General provisions . TITLE I. Judgment in an ...
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Чести термини и фразе
action brought action or special affidavit AM'D BY CH AM'D CH amended appeal appellate division application appointed arrest attend attorney awarded bond cause of action certified chattel clerk Code of Proc commissioner copy corporation costs county clerk county judge county treasurer court of record court or judge creditor damages debt decedent decree defendant delivered deposit directed discharge discretion docket effect Jan entitled execution executor or administrator filed final judgment granted guardian habeas corpus interest judgment debtor jurisdiction jury justice last section letters letters testamentary liable lien notice paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section prisoner proof provisions real property recover referee rendered resident served sheriff special proceeding specified summons supreme court sureties surrogate surrogate's court taken term therein thereof thereto thereupon tion trial jurors trustee undertaking writ
Популарни одломци
Страница 82 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Страница 468 - Where an award is vacated and the time, within which the agreement required the award to be made, has not expired, the court may in its discretion direct a rehearing by the arbitrators.
Страница 468 - Whore there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing, or property, referred to in the award.
Страница 92 - ... 1. A cause of action arising out of the contract or transaction, set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. 2. In an action on contract, any other cause of action on contract, existing at the commencement of the action.
Страница 468 - Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced. (d) Where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
Страница 590 - ... the effect, that if the defendant recovers judgment, or if the warrant is vacated, the plaintiff will pay all costs, which may be awarded to the defendant, and all damages, which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, which must be at least two hundred and fifty dollars.
Страница 98 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Страница 159 - ... refuses without reasonable cause to be examined, or to answer a legal and pertinent question, or to produce a book or paper...
Страница 96 - The affidavit of verification must be to the effect that the pleading is true to the knowledge of the deponent, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Страница 469 - Each notice, affidavit, or other paper used upon an application to confirm, modify, or correct the award, and a copy of each order of the court upon such an application.