The Code of Civil Procedure of the State of New York: Reported Complete by the Commissioners on Practice and Pleading

Front Cover
Weed, Parsons & Company, public printers, 1850 - 791 pages
 

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Contents

CHAPTER IV
27
Receivers
30
The superior court of the city of New York
39
Business of the special terms
45
The court of common pleas of the city of
47
The county courts
55
ARTICLE II
63
tion
72
Receiver of property in litigation may be
76
The justices courts of the cities of Albany Hudson and Troy
78
tice
85
Courts not to be open on certain days except
89
Of judicial officers
97
Powers of county judge in cases of supreme
100
Means to be used by court or judicial officer
107
circuits 39
110
ARTICLE II
112
ARTICLE III
115
Misdescription of court not to invalidate order
116
Drawing how conducted
117
Panel to be delivered to sheriff
118
Panel when and how returned
119
Manner of returning the trial jury list except
123
ARTICLE VII
132
ARTICLE X
137
CHAPTER IV
143
District attorneys
154
The clerks of the courts of justice in general
157
ARTICLE I
159
ARTICLE III
164
supreme court to another
166
ARTICLE V
172
County jails the keeping of prisoners therein
174
Jail libeities and the admission of prisoners thereto
181
Execution and return of process by former
188
cess to a new sheriff
189
Coroners
194
Duties of coroners when the sheriff is a party
196
CHAPTER V
198
Guardians
203
Duties of attorneys and counsellors
206
ARTICLE IV
212
By whom proceedings may be instituted
215
CHAPTER III
221
Definition of a guardian
222
CIVIL CODE
225
Occupation under written instrument or judg
227
CHAPTER III
233
Provision where judgment has been reversed
237
Power of court or judicial officer to adjourn
242
Proceedings when there are several defend
254
CHAPTER I
262
Counterclaim precludes another action for
266
CHAPTER VI
272
New writ in certain cases requiring produc tion of person 558
276
No error or defect to le regarded unless it af fect substantial rights
282
TITLE VII
283
Cases in which defendant may be arrested
284
Order for arrest by whom made
285
Order when made and its form
286
Defendant to be discharged on bail or deposit
287
Bail how proceeded against
288
Delivery of undertaking to plaintifi and its ac ceptance or rejection by him
289
Justification and allowance of bail
290
Deposit of money with sheriff
291
Security upon injunction to suspend business of corporation
298
Affidavits on motion
302
Order for attachment by whom granted
303
Order to whom directed and what to require
304
Certificate of defendants interest to be fur nished by corporation
305
Proceeding in cases of perishable property
306
Defence in action on the security
307
Action to recover debts attached may be prose cuted by plaintiff
309
Property may be released upon security
310
Attachment may be vacated on motion
311
Deposit in court
312
Issues and the mode of trial
317
Conduct of the trial
324
If juror be taken sick jury discharged
326
CHAPTER V
332
Trial by referees
333
Provisions relating to trials in general
334
The manner of giving and entering judgment
340
What the docket must contain
345
Satisfaction of judgment how entered
346
TITLE IX
347
The attorney general 142
348
when
350
Persons arrested on execution to be imprisoned
352
When property is claimed by a third person sheriff may summon jury to try the claim
353
Manner of executing against property
354
Penalty for selling without notice
355
Certificate of sale of real property
356
Redemption may be by payment to purchaser
357
The evidence of the lien must be produced
358
CHAPTER II
362
TITLE X
368
TITLE XI
378
CHAPTER II
384
Actions for nuisance waste trespass on indian lands and wil ful trespass on other real property
386
Damages for wilfully cutting trees
388
Trespass on Indian lands
389
CHAPTER IV
390
Action for partition of real property allowed
391
To whom summons is addressed
392
Unknown owners made parties
393
Manner of making partition
394
Tenants in dower c not affected
395
When part only is sold life estate
396
Notice to creditors to make proof
397
Proceeds of sale how applied
398
Debts to be paid rateable in case of insolvency
409
Heirs and devisees liable for debts
422
Preference of debts
423
CHAPTER VIII
432
Actions against saine official persons
433
For acts of their own or their predecessors
434
Treasurers must pay judgment against county
435
Judgments against town officers how paid
436
CHAPTER I
437
ant
441
Punishment for refusing to deliver books
442
Judgments in actions under this chapter
443
Injunction and receiver allowed
444
Actions in justices courts
445
Pleadings and trial
459
May be oral or written
460
An action upon note or account what suffi cient
461
Variance when disregarded
462
Answer to be in writing when title to lands come in question
463
When title to land arises causes to be dis missed
464
In what cases adjournment llowed
465
Length of adjournment and proof required
467
Proceedings when jury is demanded
468
Six jurors to be drawn for trial
469
Adjournment after jury summoned not al lowed unless fees are paid
470
Judgment and execution
471
When à constable may omit to arrest
477
Blank process not allowed
480
TITLE XII
493
Appeals to the supreme court from an inferior court
501
Must prepare and transmit blank forms
504
Admission or inspection of writings
516
charge 180
520
General provisions
523
Successive actions on same contract
524
Jurisdiction of court over corporations
525
Action barred by limitation in another state barred in this
526
Register of actions to be kept by clerk
527
Counsel to speak only an hour without leave
528
All existing rights of action prosecuted as prescribed in this code
529
OF SPECIAL PROCEEDINGS
531
Of state writs
532
Its extent
536
If return defective how return ordered
537
edy
538
When peremptory writ allowed
539
Issues when tried
540
CHAPTER IV
541
Jury how to proceed
542
Inquisition may be set aside
543
Owners may apply therefor
544
The writ of deliverance from imprisonment
545
deliverance from imprisonment
546
To whom application made
547
What application to state
548
Writ to be granted without delay
549
Writ may be made returnable before another officer
550
Contents of return
551
Person to be produced
552
If sheriff neglect warrant to issue to coroner
553
Party to be remanded in what cases
554
Legality of certain order and process not in quired into
555
Until judgment given party how kept
556
Return may be controverted
557
Judgment of discharge if imprisonment illegal
558
Judge recommitting liable
559
Transferring party to elude writ a misde meanor
560
In case of danger that party will be carried off warrant to issue
561
For refusing a copy of order forfeiture of 200
562
Writ how served
563
Charges of bringing up prisoner may be or dered to be paid
564
CHAPTER VI
565
Undertaking to be executed
566
CHAPTER 1
567
If answer made case to be put on calender
570
Proceedings on attachment
578
Summary proceedings for obtaining possession of real proper ty in certain cases
592
deserts
593
Proceeding by complaint and action or order
594
Manner of service by an officer
595
Questions to be tried by justice or jury
596
Effect of removal upon the lease
597
When tenant may be restored
598
When tenant claims under another landlord
599
Of the enforcement of liens
600
Liens on buildings
601
Liens on vessels
606
Liens on cargoes for wharfage
609
Liens on things doing damage upon real proper ty
610
four hours
611
Disposition of beasts when impounded
612
Other property and if there be no pound beasts when distrained to be kept by the distrainer
613
Notice to be served on the owner if known
614
General provisions
615
Of the punishment of contempts
617
What courts and judicial officers may punish
619
If party imprisoned he may be brought up
620
Warrant to be returned
621
Indemnity to party injured also required
622
Of assessments
624
CHAPTER II
630
Of the voluntary dissolution of corporations
633
Of proceedings in the courts of conciliation
641
Party not appearing cannot recover costs
645
Of arbitrations
647
awards
651
CHAPTER II
656
Surrogate to ascertain and limit amount
662
Proceedings of insolvent to discharge himself from his debts
670
Judgment in general 313
749
CHAPTER
764
Judgment upon failure to answer 315
785

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Common terms and phrases

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.

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