The Code of Civil Procedure of the State of New York, Being Chapter 448 of the Laws of 1876, as Amended by Chapters 416 and 422 of the Laws of 1877, and as Further Amended by Chapters 63, 299 and 166 of the Laws of 1878, and Chapters 163, 210, 414 and 542 of the Laws of 1879 ....Banks, 1879 - 353 страница |
Чести термини и фразе
action or special adverse party adverse possession affidavit application appointed attend attorney or counsellor bail bond cause of action certificate chapter city and county commenced complaint costs counterclaim county clerk county court county judge court of appeals court of record court of sessions court or judge custody damages deemed defendant delivered deposit deputy-clerk direct discharged docket duties effect eighteen hundred entitled execution fees filed final judgment granted injunction issue of fact jail judgment debtor jurisdiction jury justice Kings county last section liable ment motion notice order of arrest otherwise oyer and terminer paid payment pending personal property plaintiff pleading prescribed by law prisoner provision provisional remedy real property referee removed rendered resident served sheriff special proceeding specified stenographer summons superior city court supreme court sureties taken term therein thereto thereupon tion TITLE trial jurors undertaking warrant of attachment
Популарни одломци
Страница 85 - 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 245 - Within the age of twenty-one years; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term less than for life; The time of such a disability is not a part of the time, limited in this title, for commencing the action...
Страница 347 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Страница 98 - 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 69 - ... 1. Within the age of twenty-one years ; or 2. Insane ; or 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life ; or 4.
Страница 114 - ... the court or judge directs, to the effect, that the plaintiff will pay to the party enjoined, such damages, not exceeding a sum, specified in the undertaking, as he may sustain by reason of the injunction, if the court finally decides that the plaintiff was not entitled thereto.
Страница 100 - 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.
Страница 108 - For the purpose of justification, each of the bail must attend before the judge or county clerk, at the time and place mentioned in the notice, and may be examined on oath on the part of the plaintiff, touching his sufficiency, in such manner as the judge or clerk, in his discretion, may think proper. The examination must be reduced to writing, and subscribed by the bail, if required by the plaintiff.
Страница 3 - Disorderly, contemptuous, or insolent behavior committed during the sitting of any Court of justice, in immediate view and presence of the Court, and directly tending to interrupt its proceedings or to impair the respect due to its authority; 2.
Страница 110 - For the purpose of surrendering the defendant, the bail, at any place or at any time before they are finally charged, may themselves arrest him, or by a written authority, indorsed on a certified copy of the undertaking, may empower...