The Code of Civil Procedure of the State of New York

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Weed, Parsons, and Company, public printers, 1850 - 791 من الصفحات

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The several courts of this state 20 They are courts of record except that some of them are courts not of record for certain pur poses 14 14 97 142
15
The Court for the trial of impeachments
18
Blank process not allowed
26
62
27
84
39
85
47
Guardians
60
59
61
The courts of sessions
62
Other indictments may be sent to oyer
63
Justices courts continued Their names
74
The justices courts of the cities of Albany Hudson and Troy
78
CHAPTER XVI
85
Courts not to be open on certain days except
89
CIVIL CODE
97
Powers of county judge in cases of supreme
100
Means to be used by court or judicial officer
105
circuits 39
108
Clerk or sheriff to furnish copy panel without
113
Manner of returning the trial jury list except
121
CHAPTER III
140
How appointed their tenure of office powers
141
District attorneys
152
The clerks of the courts of justice in general
157
Courts where held and when opened
160
ARTICLE IV
163
Removal of papers from one clerks office of
164
He is the chief executive officer and conserva
166
County jails the keeping of prisoners therein
172
Jail liberties and the admission of prisoners thereto
181
cess to a new sheriff
187
Coroners
192
Duties of coroners when the sheriff is a party
194
CHAPTER I
201
Duties of attorneys and counsellors
204
ARTICLE IV
210
By whom proceedings may be instituted
215
Receivers
221
Definition of a guardian
222
15
225
Occupation under written instrument or judg
227
CHAPTER III
233
The attorney general 142
236
Provision where judgment has been reversed
237
Power of court or judicial officer to adjourn
242
TITLE V
254
TITLE VI
262
Counterclaim precludes another action for
266
CHAPTER VI
272
New writ in certain cases requiring produc
276
Party not appearing cannot recover costs
278
No error or defect to be regarded unless it af fect substantial rights
282
Of the provisional remedies
283
other bail
289
Justification and allowance of bail
290
Deposit of money with sheriff
291
Security upon injunction to suspend business of corporation
298
CHAPTER IV
302
Receivers
311
Of the trial and judgment
313
Trial of jury
322
If juror be taken sick jury discharged
324
ARTICLE III
330
Provisions relating to trials in general
334
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
Of the costs
368
Of actions in particular cases
378
CHAPTER II
384
Actions for waste nuisance trespass on Indian
386
CHAPTER IV
390
CHAPTER V
409
legatees heirs and devisees
416
CHAPTER VII
428
Actions against same official persons
432
county
435
Judgments against town officers how paid
436
CHAPTER IX
437
Actions in justices courts
445
Pleadings and trial
459
Judgment and execution
471
ARTICLE IV
480
Justices fees
489
Of appeals
493
Appeals to the supreme court from an inferior court
501
Appeals in the supreme court and in the superior
502
Judgment how given
504
Of the miscellaneous proceedings and general
512
CIVIL CODE
513
Admission or inspection of writings
516
Papers lost or withheld how supplied
523
Provisions respecting suits heretofore
529
PART III
531
The writ of deliverance from imprisonment
532
Its extent
535
CHAPTER III
537
CHAPTER IV
541
Officer not liable to action for disobeying
545
CHAPTER VI
565
Of summary proceedings
567
If answer made case to be put on calender
570
When part only is due and there is a surplus
578
Summary proceedings for obtaining possession of real proper ty in certain cases
592
When married woman is party her husband
600
Liens on buildings
601
Father may sue for death of child
606
Liens on cargoes for wharfage
609
Liens on things doing damage upon real proper ty
610
General provisions
615
Imprisoned in certain cases
617
Indemnity to party injured also required
622
TITLE V
624
CHAPTER II
630
Of the voluntary dissolution of corporations
633
Of proceedings in the courts of conciliation
641
Of arbitrations
647
Judgment in general 313
655
Proceedings in cases of insanity and habitual
656
CHAPTER III
664
CHAPTER I
667
280
670
Of the admeasurement of dower
675
ted States 544
718
CHAPTER
759
Judgment upon failure to answer 315
769

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الصفحة 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...
الصفحة 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.
الصفحة 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...
الصفحة 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.
الصفحة 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...
الصفحة 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.
الصفحة 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.
الصفحة 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.
الصفحة 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...
الصفحة 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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