The Code of Civil Procedure of the State of New York: Reported Complete by the Commissioners on Practice and Pleading, Volume 2 |
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Page lv
... Amount of costs allowed in certain cases , 873. Interest on verdict of report , when allowed , 874. Costs , how to be inserted in judgment , 875. Clerk's fees , 876. Referees ' fees , • 877. Costs on postponement of trial , 371 371 ...
... Amount of costs allowed in certain cases , 873. Interest on verdict of report , when allowed , 874. Costs , how to be inserted in judgment , 875. Clerk's fees , 876. Referees ' fees , • 877. Costs on postponement of trial , 371 371 ...
Page lix
... amount received , 420 1001. Next of kin may compel contribution , 420 1002. Legatees , when liable for debts , 421 1003. Costs in action against next of kin and legatees , 421 1004. Recovery exonerates from further liability , 1005 ...
... amount received , 420 1001. Next of kin may compel contribution , 420 1002. Legatees , when liable for debts , 421 1003. Costs in action against next of kin and legatees , 421 1004. Recovery exonerates from further liability , 1005 ...
Page lx
... Amount collected to be limited by the un- dertaking , 430 1029. Fines and forfeitures how prosecuted , 430 1030. Amount to be recovered in certain cases , 431 1031. Effect of recovery by collusion , 431 1032 . When not specially granted ...
... Amount collected to be limited by the un- dertaking , 430 1029. Fines and forfeitures how prosecuted , 430 1030. Amount to be recovered in certain cases , 431 1031. Effect of recovery by collusion , 431 1032 . When not specially granted ...
Page lxxii
... Amount paid into supreme court , 543 1304. Owners may apply therefor , 544 1305. Like proceedings on property taken for Uni- ted States , 544 CHAPTER V. The writ of deliverance from , imprisonment ,. LXXII TABLE OF CONTENTS .
... Amount paid into supreme court , 543 1304. Owners may apply therefor , 544 1305. Like proceedings on property taken for Uni- ted States , 544 CHAPTER V. The writ of deliverance from , imprisonment ,. LXXII TABLE OF CONTENTS .
Page lxxvi
... amount , and determine regu- 584 585 corded , · larity , 1395. Order of confirmation , its contents , 1396. Power to amend or vacate . Effect of omis- sion to serve notice , and of vacating sale , 1397. When persons cannot be found ...
... amount , and determine regu- 584 585 corded , · larity , 1395. Order of confirmation , its contents , 1396. Power to amend or vacate . Effect of omis- sion to serve notice , and of vacating sale , 1397. When persons cannot be found ...
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Common terms and phrases
action or proceeding affidavit Amended Code appear application appointed arrest ARTICLE attorney and counsellor ballots cause of action CHAPTER city and county city court city of New-York civil action commenced Commissioners committed common pleas complaint coroner corporation county clerk county jail county judge county of New-York county treasurer court of appeals court of common court of oyer court of sessions COURTS OF JUSTICE criminal deemed defendant delivered district drawn elected execution filed grand jury held issue jail liberties judgment judgment debtor judicial officer jurisdiction jurors jury box last section liable lien manner marine court ment notice oyer and terminer pending person plaintiff pleading prescribed prisoner prosecuted provided in section public offence real property referees residence respect sheriff special proceeding special statutes special terms summons superior court supreme court sureties surrogate's court terms and circuits therein thereof thereto tion trial terms
Popular passages
Page 267 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. § 1 50. 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 250 - 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 304 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 249 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 706 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Page 386 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 706 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be, between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement, other than the contents of the writing, except in the following cases : 1.
Page 4 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 252 - 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.
Page 281 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...