Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Volumes 1-36S.S. Peloubet, 1907 |
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Common terms and phrases
action to recover action to set administrator affidavit alleged amended answer appeal application appointed attachment attorney Attorney's Lien awarded cause of action City Court Civil Procedure claim Code of Civil complaint contempt contract counter-claim creditor damages debt decedent defendant demurrer entitled equitable evidence examination execution executor facts fees foreclosure foreign corporation granted guardian ad litem injunction Instance issue judgment debtor jurisdiction jury justice Justice's Court liability ment mortgage motion non-resident notice nunc pro tunc Offer of Judgment Parties to Action payment person plaintiff pleading Power of Court punish real property referee replevin Section Security for Costs served sheriff statute statute of limitations sufficient supplementary proceedings surety surrogate Surrogate's Court testimony thereof tion trial trustee vacate verdict viii void waived witness xvii xviii xxii xxiv xxix xxvi xxviii xxxi xxxii XXXV
Popular passages
Page 251 - In an action specified in section three thousand two hundred and twenty-eight of this act, wherein the complaint sets forth separately two or more causes of action, upon which issues of fact are joined, if the plaintiff recovers upon one or more of the issues, and the defendant upon the other or others, each party is entitled to costs against the adverse party...
Page 633 - 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 140 - Personal service of the summons must be made upon the defendant, against whose property the warrant is granted, within thirty days after the granting thereof ; or else, before the expiration of the same time, service of the summons by publication must be commenced...
Page 259 - ... shall certify that in its opinion a question of law is involved which ought to be reviewed by the court of appeals, or where, in case of the refusal so to certify, an appeal is allowed by the court of appeals.
Page 171 - The case must contain so much of the evidence, and other proceedings upon the trial, as is material to the questions to be raised thereby, and also the exceptions taken by the party making the case...
Page 502 - Where the action is brought before three years have elapsed from the granting of letters of administration or letters testamentary, as the case may be, upon the estate of a deceased person, who, if living, should be a party...
Page 317 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the Court may order the pleading to be amended, upon such terms as may be Just.
Page 564 - ... court as herein provided, but the party desiring a preference of any cause shall serve upon the opposite party, with his notice of trial, a notice that an application will be made to the court at the opening thereof, or to such justice or other term of court or at such other time as shall be prescribed by the general or special rules of practice, for leave to move the same as a preferred cause...
Page 142 - This is known as the defense of contributory negligence. To establish this defense, unless it is made to appear from plaintiffs...
Page 451 - ... is not a part of the time, limited for the commencement of an action...