The New York Code of Civil Procedure, in One Volume, Containing All Amendments to and Including the Session of 1894: With Annotations and References to the New York Consolidation Act

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Diossy, 1894 - 801ÆäÀÌÁö

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77 ÆäÀÌÁö - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item, proved in the account on either side.
90 ÆäÀÌÁö - ... any money, thing in action or other property held in trust for a judgment debtor, where the trust has been created by, or the fund so held in trust has proceeded from, a person other than the judgment debtor...
75 ÆäÀÌÁö - Within the age of twenty-one years; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life.
106 ÆäÀÌÁö - 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.
106 ÆäÀÌÁö - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
238 ÆäÀÌÁö - To open, vacate, modify, or set aside, or to enter, as of a former time, a decree or order of his court ; or to grant a new trial or a new hearing for fraud, newly discovered evidence, clerical error, or other sufficient cause.
107 ÆäÀÌÁö - And when the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain, by amendment.
79 ÆäÀÌÁö - ... commencing an action, when the summons is served on him or on a co-defendant who is a joint contractor or otherwise united in interest with him.
374 ÆäÀÌÁö - Where part of the excess is not due from the plaintiff, the judgment does not prejudice the defendant's right to recover, from another person, so much thereof as the judgment does not cancel.
74 ÆäÀÌÁö - ... there has been a continued occupation and possession of the premises, included in the instrument, decree, or judgment, or of some part thereof, for twenty years, under the same claim ; the premises so included are deemed to have been held adversely...

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