The Code of Civil Procedure of the State of New-York |
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Page li
... determination of issue of law , · 333 CHAPTER VI . Trial by referees , 333 SECTION 799. Trial by referees , 333 800. Judgment to be entered on report of referees , 333 CHAPTER VII . Provisions relating to trials in general , TABLE OF ...
... determination of issue of law , · 333 CHAPTER VI . Trial by referees , 333 SECTION 799. Trial by referees , 333 800. Judgment to be entered on report of referees , 333 CHAPTER VII . Provisions relating to trials in general , TABLE OF ...
Page 20
... determination hereafter made , at a general term , by the supreme court , by the superior court or court of common pleas of the city of New - York , in the following cases , and no other : 1. In a judgment in an action commenced therein ...
... determination hereafter made , at a general term , by the supreme court , by the superior court or court of common pleas of the city of New - York , in the following cases , and no other : 1. In a judgment in an action commenced therein ...
Page 24
... determination of the indi- vidual case , the principle which is to govern in future , should be established . It has been suggested as an objection to this provision , that the concurrence of five judges should not be required , while ...
... determination of the indi- vidual case , the principle which is to govern in future , should be established . It has been suggested as an objection to this provision , that the concurrence of five judges should not be required , while ...
Page 28
... determination , in the follow- ing cases : 1. In a final judgment at a general term of a county or city court , in a civil action commenced therein , or brought there from another court ; and upon the ap- peal from that judgment , to ...
... determination , in the follow- ing cases : 1. In a final judgment at a general term of a county or city court , in a civil action commenced therein , or brought there from another court ; and upon the ap- peal from that judgment , to ...
Page 32
... determination of applications , upon failure to answer , and upon complaint and answer : 2. To the hearing and determination of all actions or proceedings now pending in this court , except npon an issue of fact or for review : 3. To ...
... determination of applications , upon failure to answer , and upon complaint and answer : 2. To the hearing and determination of all actions or proceedings now pending in this court , except npon an issue of fact or for review : 3. To ...
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Common terms and phrases
action or proceeding affidavit Amended Code appointed arrest ARTICLE attend attorney and counsellor CHAPTER city and county city court city of New-York civil action code of criminal commenced Commissioners committed common pleas coroner county clerk county court county jail county of New-York county treasurer court of appeals court of common court of oyer court of record court of sessions COURTS OF JUSTICE defendant deliver district drawn elected execution filed hearing and determination held holding the court indictment jail liberties judicial officer jurisdiction conferred jurors justice's court last section marine court oyer and terminer party pending therein person plaintiff police courts powers and duties prescribed prisoner provided in section public offences punishable with death real property reside sheriff special and trial special proceeding special statutes special terms superior court supreme court surrogate surrogate's court terms and circuits thereof thereto tion trial jury list trial terms vacancy
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 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 a 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 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 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 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...
Page 239 - ... 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.