The Code of Civil Procedure of the State of New York: Reported Complete by the Commissioners on Practice and Pleading, 2±ÇWeed, Parsons, and Company, public printers, 1850 - 791ÆäÀÌÁö |
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10 ÆäÀÌÁö
... code of 1848 , or in the amended code . It is here introduced as a concise and convenient definition of judicial remedies . ¡× 6. These remedies are divided into two classes : 1. Actions : and 2. Special proceedings . Same as amended code ...
... code of 1848 , or in the amended code . It is here introduced as a concise and convenient definition of judicial remedies . ¡× 6. These remedies are divided into two classes : 1. Actions : and 2. Special proceedings . Same as amended code ...
12 ÆäÀÌÁö
... amended code , for which they are substituted . ¡× 18. When the violation of a right admits of both a civil and criminal remedy , the right to prosecute the one is not merged in the other . Same as amended code , sec . 7. This section is ...
... amended code , for which they are substituted . ¡× 18. When the violation of a right admits of both a civil and criminal remedy , the right to prosecute the one is not merged in the other . Same as amended code , sec . 7. This section is ...
21 ÆäÀÌÁö
... amended code , sec . 11. The second subdivision , which provides for an ap- peal from an order , in certain cases ... code of 1848 , sec . 12. This section was altered in the amended code , sec . 12 , by authorising the court to re ...
... amended code , sec . 11. The second subdivision , which provides for an ap- peal from an order , in certain cases ... code of 1848 , sec . 12. This section was altered in the amended code , sec . 12 , by authorising the court to re ...
23 ÆäÀÌÁö
... code of 1848 . It was altered in the amended code , sec . 14 , so as to read as follows : " The concurrence of five judges shall be neces- sary to pronounce a judgment . If five do not concur , the judgment or order appealed from shall ...
... code of 1848 . It was altered in the amended code , sec . 14 , so as to read as follows : " The concurrence of five judges shall be neces- sary to pronounce a judgment . If five do not concur , the judgment or order appealed from shall ...
35 ÆäÀÌÁö
... Amended Code , sec . 19 . It will be seen in the provisions respecting appeals , that the business of the general ... code of 1848 , sec . 19 , that " special terms , circuit courts , and courts of oyer and terminer , shall be held at ...
... Amended Code , sec . 19 . It will be seen in the provisions respecting appeals , that the business of the general ... code of 1848 , sec . 19 , that " special terms , circuit courts , and courts of oyer and terminer , shall be held at ...
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action or proceeding affidavit Amended Code appointed arrest ARTICLE attend bail ballots cause of action CHAPTER city and county city court city of New-York civil action commenced Commissioners common pleas constitution county clerk county court county jail county judge county of New-York county treasurer court of appeals court of chancery court of common court of oyer court of sessions COURTS OF JUSTICE courts of record defendant deliver district drawn elected execution filed grand jury hearing and determination held holding the court jail liberties judicial officer jurisdiction conferred jurors jury box last section manner marine court oyer and terminer party person places of holding plaintiff pleading police courts prescribed prisoner provided in section public offences real property reside sheriff special and trial special proceeding special statutes special terms superior court supreme court sureties surrogate surrogate's court terms and circuits thereof thereto tion trial jury list trial terms
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267 ÆäÀÌÁö - 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...
250 ÆäÀÌÁö - 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.
304 ÆäÀÌÁö - 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.
249 ÆäÀÌÁö - 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 plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
706 ÆäÀÌÁö - 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.
386 ÆäÀÌÁö - 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...
706 ÆäÀÌÁö - 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.
4 ÆäÀÌÁö - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
252 ÆäÀÌÁö - 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.
281 ÆäÀÌÁö - ... 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...