The Code of Procedure of the State of New York, as Amended to 1870: With Notes on Pleading and Practice, Rules of the Courts and a Full Index

Cover
Baker, Voorhis & Company, 1870 - 861 Seiten
 

Was andere dazu sagen - Rezension schreiben

Es wurden keine Rezensionen gefunden.

Inhalt

General terms
31
Jurors
32
THE CITY OF NEW YORK AND THE MAYORS AND
33
General and special terms Fees
36
Criers 86
37
TITLE VI
38
No jurisdiction in certain cases
42
TITLE VII
65
Distinction between actions and suits abolished
70
Death of person entitled before limitation expires
83
TITLE I
84
TITLE II
86
New promise must be in writing
97
TITLE III
97
Guardians how appointed
101
Who may be plaintiffs
103
Who may be defendants
104
One or more may sue or defend for all
107
One action against the different parties to bills and notes
108
Action when not to abate Death of appellant
109
Court to decide controversy c Interpleading
114
TITLE IV
117
Actions to be tried where the parties reside
118
Changing place of trial
119
TITLE V
124
Notice of lis pendens Action deemed pending 133 Summons by whom served
131
Publication of summons Form
134
Proceedings part only of defendants served Partners 139
139
When service by publication complete
141
When jurisdiction acquired Appearance
143
OF THE PLEADINGS IN CIVIL ACTIONS
144
Defendant to demur or answer
202
Answer what to contain
211
Reply demurrer to answer
235
Material variances how provided for
261
Amendments by order
268
Court may give relief in case of mistake
273
Suing a party by a fictitious name
274
Supplemental complaint answer and reply
275
TITLE VII
277
scribed
278
No person to be arrested in a civil action except as pre 179 Arrest in civil actions in what cases
281
Order for arrest by whom to be made
289
Affidavit to obtain order for arrest To what actions this 182 Security by plaintiff before obtaining order for arrest
291
to answer or to move to vacate
292
Original affidavit and order to be delivered to sheriff and 185 Arrest how made
293
Surrender of defendant
294
Bail how proceeded against
295
Delivery of undertaking of bail to plaintiff and its ac ceptance or rejection by him
297
Qualification of bail
298
Allowance of bail
299
Trial by the court
396
Trial by referees
402
Judgment may be for or against any of the parties to
419
TITLE IX
433
To what counties execution may be issued execution
439
Execution to be returnable in sixty days
445
Proceedings supplementary to execution
460
TITLE X
478
Costs when allowed to either party in the discretion
494
Allowance how computed difficult and extraordinary
502
OF THE COURT OF APPEALS
503
Referees fees
508
Costs on review of a decision of an inferior court in
515
APPEALS IN GENERAL 522531
522
Appeal in what cases Judgment on verdict subject
531
Its jurisdiction 15
537
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
Security must be given as upon appeal to court of appeals
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
Appeals from orders at special term
554
Appeals from orders at chambers Stay
560
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 repealed...
561
Execution how stayed
569
Return when and how made and compelled
570
How made if justice be out of office
571
Further return
572
Appeal to be heard on the original papers
573
Judgmentroll
575
Costs how awarded
582
Restitution
583
MISCELLANEOUS PROCEEDINGS 587647
587
Answer and reply to be verified as in an action
591
Action for discovery abolished
607
Definition of an order
627
In actions in the supreme courrt county judge may exer
635
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
683
RULES OF COURT OF APPEALS 682
755
ACT RELATING TO THE COURT OF APPEALS AND THE COMMISSION
768
ACT TO REGULATE PROCEEDINGS AGAINST CORPORATIONS BY INJUNC
775

Andere Ausgaben - Alle anzeigen

Häufige Begriffe und Wortgruppen

Beliebte Passagen

Seite 100 - 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.
Seite 244 - 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...
Seite 742 - Justices of the Peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term they shall hold for the residue of the unexpired term.
Seite 85 - ... 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.
Seite 199 - Procedure provides that the answer of the defendant shall contain (2) a statement of any new matter constituting a defense or counterclaim. Section 438 thereof provides that — "The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action...
Seite 289 - Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff...
Seite 574 - 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.
Seite 97 - 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.
Seite 739 - Judges of the court of appeals, and justices of the supreme court, may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to each house concur therein.
Seite 87 - . íío acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.

Bibliografische Informationen