The Code of Procedure of the State of New York, as Amended to 1864: With Notes, an Appendix, and IndexJohn S. Voorhis, 1864 - 315 páginas |
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Página 9
... In the same year ( Laws 1861 , ch . 288 ) , it was enacted that appeals might be brought by the people , or any State officer or board of State officers , without security , and that such appeals , then pending INTRODUCTION . 9.
... In the same year ( Laws 1861 , ch . 288 ) , it was enacted that appeals might be brought by the people , or any State officer or board of State officers , without security , and that such appeals , then pending INTRODUCTION . 9.
Página 10
... brought , should operate as a stay of proceed ings on the judgment or order appealed from . Also in the same year ( Laws of 1861 , ch . 86 ) , provision was made for the transfer of actions from the City Court of Brook- lyn to the ...
... brought , should operate as a stay of proceed ings on the judgment or order appealed from . Also in the same year ( Laws of 1861 , ch . 86 ) , provision was made for the transfer of actions from the City Court of Brook- lyn to the ...
Página 30
... brought there from another court ; and upon the appeal from such judg- ment , to review any intermediate order involving the merits , and necessarily affecting the judgment . 2. In an order affecting a substantial right , made in such ...
... brought there from another court ; and upon the appeal from such judg- ment , to review any intermediate order involving the merits , and necessarily affecting the judgment . 2. In an order affecting a substantial right , made in such ...
Página 32
... brought from any judgment or order for or against him or them , in any court , such appeal shall have a preference in the supreme court and in the court of appeals , and may be moved by either party out of the order on the calendar . 14 ...
... brought from any judgment or order for or against him or them , in any court , such appeal shall have a preference in the supreme court and in the court of appeals , and may be moved by either party out of the order on the calendar . 14 ...
Página 36
... brought at the time of its commencement , subject to the right of the supreme court , upon special motion , for good cause shown , to remove any such action to the supreme court before trial . 2. The exclusive power to review , in the ...
... brought at the time of its commencement , subject to the right of the supreme court , upon special motion , for good cause shown , to remove any such action to the supreme court before trial . 2. The exclusive power to review , in the ...
Outras edições - Ver tudo
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 1864: With ... New York,John Stevens Voorhies,John Townshend Pré-visualização indisponível - 2016 |
The Code of Procedure of the State of New York, As Amended To 1864: With the ... John Townshend Pré-visualização indisponível - 2017 |
Palavras e frases frequentes
adverse party Adverse possession affidavit Am'd amended amount answer application appointed attachment attorney bail brought calendar cause of action CHAPTER civil actions claim clerk Code of Procedure commenced common pleas complaint copy corporation costs county court county judge county treasurer court of appeals court of common damages deemed defendant deliver demurrer deposit direct docketed dollars entitled execution Existing suits filed fourth Monday granted guardian held by Judge infant issue of fact issue of law judgment debtor judgment-roll jurisdiction jury Justice Barnard letters patent manner ment Monday of January Monday of October mortgage motion Oyer and Terminer papers personal property plaintiff pleading premises prescribed proceedings provisional remedy quo warranto real property recover referee reference rendered require RULE second Monday served sheriff special term specified summons superior court supreme court sureties therein thereof third Monday tion twenty days undertaking unless verdict York
Passagens conhecidas
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 84 - 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 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.