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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...
New York (State)
Visualização integral - 1855
The Code of Procedure, of the State of New York, as Amended to 1864: With ...
New York (State),John Townshend
Visualização integral - 1864
The Code of Procedure, of the State of New York: As Amended to 1860. with ...
New York,John Stevens Voorhies,John Townshend
Pré-visualização indisponível - 2015
action adverse affidavit allowed Am'd Am’d amended amount answer appeal application appointed arrest attachment attorney bail brought calendar cause cause of action CHAPTER circuit civil claim clerk Code commenced complaint copy corporation costs damages debtor deemed defendant deliver deposit direct district dollars effect entered entitled examination exceptions execution Existing fact filed give given granted guardian held holding hundred infant interest issue January judge judgment jurisdiction jury justice manner matter ment Monday mortgage motion necessary notice October otherwise party payment person plaintiff pleading possession premises prescribed proceed proceedings proof question real property receiver recover referee relating rendered require residence respect RULE served sheriff special term specified statute suits summons supreme court sureties taken therein thereof third tion trial tried Tuesday twenty undertaking unless verdict writing York
Página 67 - 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 71 - ... the recorder of the county in which the property is situated, a notice of the pendency of the action...
Página 116 - ... in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Página 85 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Página 69 - The court may change the place of trial in the following cases : 1. When the county designated for that purpose in the complaint is not the proper connty ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Página 57 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title...
Página 61 - Within the age of twenty-one years ; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or, in execution under the sentence of a criminal court, for a term less than his natural life ; The time of such disability is not a part of the time limited, for the commencement of the action...
Página 79 - The defendant may set forth by answer as many defenses and counter-claims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both.
Página 69 - The court may, on motion, change the place of trial in the following cases: 1. When the county designated in the complaint is not the proper county; 2. When there is reason to believe that an impartial trial cannot be had therein; 3. When the convenience of witnesses and the ends of justice would be promoted by the change: 4.