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 IndexBaker, Voorhis & Company, 1870 - 861 pages |
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Other editions - View all
The Code of Procedure of the State of New York, as Amended to 1870: With ... John Townshend No preview available - 2017 |
The Code of Procedure of the State of New York, as Amended to 1870: With ... John Townshend No preview available - 2017 |
Common terms and phrases
16 Barb 28 Barb 31 Barb 9 Abb affidavit alleged allowed Am'd amended amount answer apply appointed assignment attachment attorney averment bail Bosw cause of action claim clerk Code Rep commenced complaint contract copy corporation costs counter-claim court of appeals creditor damages debt defendant defendant's demand demurrer denied Denio Duer E. D. Smith entered entitled evidence execution executor facts fendant filed granted held Hilton indorsed injunction irregular issue Johns judge judgment debtor jurisdiction jury justice Keyes liable lien Mayor of N. Y. ment mortgage motion notice nunc pro tunc order of arrest Paige party payment pending plaintiff pleading proceedings promissory note proof real property recover reference refused rule Sand security for costs served sheriff special term sufficient suit summons supreme court sureties thereof tion undertaking unless verdict Wend witness
Popular passages
Page 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.
Page 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...
Page 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.
Page 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.
Page 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...
Page 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...
Page 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.
Page 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.
Page 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.
Page 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.