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

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Baker, Voorhis & Company, 1870 - 861 páginas
 

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General terms
31
THE CITY OF NEW YORK AND THE MAYORS AND
32
Judgments where given
36
Superior court judges R7 42 43 Obsolete 44 46 Terms of superior court 87
37
VI OF THE COURTS OF JUSTICES OF THE PEACE 3867
38
144
46
148
60
TITLE VII
67
TITLE I
70
TITLE II
72
202
74
Limitations prescribed
80
Death of person entitled before limitation expires 103 Suits by aliens
83
Where judgment reversed
85
Stay of action by injunction c X
86
TITLE III
88
Party in interest to sue Grantee of land
95
211
96
Actions by executor trustee
100
Infants actions by and against
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
223
116
TITLE IV
117
Changing place of trial
119
TITLE V
124
Notice to be inserted in summons
126
Complaint need not be served with summons
127
Defendant unreasonably defending
129
Summons by whom seryed
131
231
132
Publication of summons Form
134
Proceedings part only of defendants served Partners S
139
When service by publication complete
141
When jurisdiction acquired Appearance
143
PLEADINGS 144276
144
Complaint what to contain CHAPTER II The demurrer and answer
148
610
191
Defendant to demur or answer 144 When the defendant may demur 145 Demurrer what to specify 146 How to proceed if complaint be amended 14...
202
The answer SEC 149 Answer what to contain 150 Counterclaim several defenses 151 Demurrer and answer when allowed 152 Sham and irrelevant d...
211
611
217
The reply SEC 153 Reply demurrer to answer 154 Motion for judgment upon answer 155 Demurrer to reply CHAPTER V General rules for pleading
235
Pleadings to be subscribed and verified 157 Pleadings how verified 158 How to state an account in pleading particulars 159 Pleadings to be liberally...
238
612
250
Answer in such cases
253
Answer in actions to recover property distrained for damage
255
What causes of action may be joined
256
626
257
Allegation not denied when to be deemed true CHAPTER VI Mistakes in pleading and amendments SEC 169 Material variances how provided for 1...
261
PROVISIONAL REMEDIES 277353
277
243
329
298
332
236 Certificate of defendants interest to be furnished
340
When sheriff to return attachment with his proceedings
346
251
349
OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS
354
253
362
255
363
265
373
Trial by the court
396
631
401
Trial by referees
402
Judgment may be for or against any of the parties to
419
TRIAL AND JUDGMENT 354433
433
Execution against the person in what cases
439
Execution to be returnable in sixty days
445
299
460
TITLE X
478
the court
492
Allowance in addition to costs
499
OF THE COURT OF APPEALS
503
Clerks fees
507
Costs on review of a decision of an inferior court in
515
TITLE XI
522
Appeal in what cases Judgment on verdict subject
531
Its jurisdiction
537
Appeals in the supreme court and the superior court
550
Appeal to the court of common pleas for the city and county
561
OF THE MISCELLANEOUS PROCEEDINGS IN CIVIL ACTIONS
587
Examination of parties
607
Definition of an order
627
Affidavits defectively entitled
637
Duty of sheriff and coroner in serving or executing pro
643
Powers of referees
644
Claim and delivery of personal property
645
MISCELLANEOUS PROCEEDINGS 587647
647
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
637
713
Jurisdiction
722
RULES OF COURT OF APPEALS
760
JUDICIARY ARTICLE OF AMENDED CONBTITUTION
768
ACT TO REGULATE PROCEEDINGS AGAINST CORPORATIONS BY INJUNC
775
638
780
640
790
641
809
644
816
679
827
Judgment may be confessed for debt due or for contingent
854
Offer of the defendant to compromise the whole or a part
860

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Página 114 - 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.
Página 264 - 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...
Página 762 - 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.
Página 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.
Página 219 - 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...
Página 309 - 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...
Página 594 - 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.
Página 109 - 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.
Página 759 - 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.
Página 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.

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