The Code of Procedure of the State of New York, with Art. VI of the Constitution, Also the Rules of the Court of Appeals and Supreme Court, and the Special Rules of the Several Courts of the City of New York, as Amended to May 26, 1876J.D. Parsons, Jr., 1876 - 481 páginas |
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Página 6
... interest therein . 12. The court of appeals may reverse , affirm or modify the judgment or order appealed from , in whole or in part , and as to any or all of the parties : and its judgment shall be remitted to the court below , to be ...
... interest therein . 12. The court of appeals may reverse , affirm or modify the judgment or order appealed from , in whole or in part , and as to any or all of the parties : and its judgment shall be remitted to the court below , to be ...
Página 7
New York (State). same place by the court when the public interest re- quires it . The court may , by general rules , provide what causes shall have a preference on the calendar . On a second and each subsequent appeal to the court of ...
New York (State). same place by the court when the public interest re- quires it . The court may , by general rules , provide what causes shall have a preference on the calendar . On a second and each subsequent appeal to the court of ...
Página 43
... interest with him . An attempt to commence an action is deemed equivalent to the commencement thereof , within the meaning of this title , when the summons is delivered , with the intent that it shall be actually served , to the sheriff ...
... interest with him . An attempt to commence an action is deemed equivalent to the commencement thereof , within the meaning of this title , when the summons is delivered , with the intent that it shall be actually served , to the sheriff ...
Página 46
... interest . TITLE III . Of the Parties to Civil Actions . 111. Every action must be prosecuted in the name of the real party in interest , except as otherwise provided in section 113 : but this section shall not be deemed to authorize ...
... interest . TITLE III . Of the Parties to Civil Actions . 111. Every action must be prosecuted in the name of the real party in interest , except as otherwise provided in section 113 : but this section shall not be deemed to authorize ...
Página 49
... interest in the subject of the action , and in obtaining the relief demanded , may be joined as plaintiffs , except as otherwise pro- vided in this title . 118. Any person may be made a defendant who has or claims an interest in the ...
... interest in the subject of the action , and in obtaining the relief demanded , may be joined as plaintiffs , except as otherwise pro- vided in this title . 118. Any person may be made a defendant who has or claims an interest in the ...
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Palavras e frases frequentes
adverse party affidavit allowed amended amount answer apply appointed attachment attorney bail brought cause of action certified CHAPTER city and county Civil Actions claim clerk Code commenced common pleas complaint copy corporation costs county court county judge court of appeals court of common damages day calendar deemed defendant deliver demurrer deposited direct district docketed dollars effect entered entitled erty examination execution fendant filed granted guardian heard hereafter infant issue of fact issue of law judgment debtor jurisdiction jury justice letters patent manner ment mortgage motion order of arrest oyer and terminer papers payment pending personal property plaintiff pleading premises prescribed proceedings proof provisional remedy real property recover recovery referee remittitur rendered residence Rule served sheriff special term specified statute summons superior court supreme court sureties taken therein thereof thereto thereupon tion twenty days undertaking unless verdict Voorhis York
Passagens conhecidas
Página 74 - 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, or a mistake in any other respect...
Página 64 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; 2.
Página 38 - Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises under claim of title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent court ; and that there has been a continued occupation and possession of the premises included in such instrument, decree or judgment, or of some part of.
Página 50 - 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 53 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2.
Página 60 - ... in case of publication, where the residence of a nonresident or absent defendant is known, the court or judge must direct a copy of the summons and complaint to be forthwith deposited in the postoffice, directed to the person to be served, at his place of residence.
Página 70 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Página 65 - When any of the matters enumerated in section forty do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Página 36 - The people of this state will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless : 1.
Página 85 - He must, without delay, serve on the defendant a copy of the affidavit, notice, and undertaking, by delivering the same to him personally, if he can be found, or to his agent from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion...