The New York Code of Civil Procedure: In One Volume, Containing All Amendments to and Including the Session of 1899 : with Judiciary Article of Constitution Adopted in 1894 and Annotations and References to the New York Consolidation Act and the Greater New York CharterDiossy Law Book Company, 1899 - 957ÆäÀÌÁö |
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31 ÆäÀÌÁö
... judgment has been rendered against the sheriff , in an action brought for the escape , and due notice of the pendency of the action was given to the prisoner and his sureties , to enable them to defend the same , the judgment against ...
... judgment has been rendered against the sheriff , in an action brought for the escape , and due notice of the pendency of the action was given to the prisoner and his sureties , to enable them to defend the same , the judgment against ...
100 ÆäÀÌÁö
... judgment for the residue only . Where it exceeds the plaintiff's demand , the defendant must have judgment for the excess , or so much thereof as is due from the plaintiff . Where part of the ex- cess is not due from the plaintiff , the ...
... judgment for the residue only . Where it exceeds the plaintiff's demand , the defendant must have judgment for the excess , or so much thereof as is due from the plaintiff . Where part of the ex- cess is not due from the plaintiff , the ...
101 ÆäÀÌÁö
... judgment against the plaintiff , by reason of a counterclaim interposed by him , he must demand the judgment in his answer . $ 510. [ Repealed 1877. ] $ 511. [ Am'd 1877 , 1879. ] Where the answer of the de- fendant , expressly or by ...
... judgment against the plaintiff , by reason of a counterclaim interposed by him , he must demand the judgment in his answer . $ 510. [ Repealed 1877. ] $ 511. [ Am'd 1877 , 1879. ] Where the answer of the de- fendant , expressly or by ...
108 ÆäÀÌÁö
... judgment for the defendant is not a bar to the new action to recover the money or chattel . 3. To recover moneys , funds or property held or owned by 30 Hun , 553. the State , or held or owned officially or otherwise for or in be- 21 ...
... judgment for the defendant is not a bar to the new action to recover the money or chattel . 3. To recover moneys , funds or property held or owned by 30 Hun , 553. the State , or held or owned officially or otherwise for or in be- 21 ...
137 ÆäÀÌÁö
... Judgment in the principal action ; how satisfied . 709. When attachment dischar ged , etc. , property to be restored to defendant . 2710. Additional provision his relief . for 711. Cancelling notice attach- ing real property . 712. When ...
... Judgment in the principal action ; how satisfied . 709. When attachment dischar ged , etc. , property to be restored to defendant . 2710. Additional provision his relief . for 711. Cancelling notice attach- ing real property . 712. When ...
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action or special affidavit Am'd amendment to take appeal appellate division application appointed attend attorney awarded cause of action certified chattel claim corporation county clerk county judge county treasurer court of record court or judge creditor debt decedent decree defendant delivered directed discharge discretion duly entitled execution executor or administrator filed final judgment final order granted guardian habeas corpus hundred interest judgment debtor jury justice last section letters letters of administration letters testamentary liable lien ment Misc mortgage notice otherwise paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section prisoner proof provisions real property recover referee rendered resident section two thousand served sheriff special proceeding specified summons supreme court sureties surrogate surrogate's court take effect January term therein thereto thereupon tion trial jurors trustee undertaking writ writ of certiorari
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89 ÆäÀÌÁö - An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
90 ÆäÀÌÁö - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
204 ÆäÀÌÁö - Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced.
vii ÆäÀÌÁö - There shall be an appellate division of the supreme court, consisting of seven justices in the first department, and of five justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision.
89 ÆäÀÌÁö - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
41 ÆäÀÌÁö - Whenever the appellate division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the several departments at a meeting called by the presiding justice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determination.
111 ÆäÀÌÁö - For the purpose of justification, each of the bail must attend ' ' before the judge, at the time and place mentioned in the notice, and be examined on oath, on the part of the plaintiff, touching his sufficiency, in such manner as the judge, in his discretion, thinks proper. The...
204 ÆäÀÌÁö - Where an award is vacated and the time within which the agreement required the award to be made has not expired the court may, in its discretion, direct a rehearing by the arbitrators.
74 ÆäÀÌÁö - An action to redeem real property from a mortgage, with or without an account of rents and profits, may be maintained by the mortgagor, or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises, for twenty years after the breach of a condition of the mortgage, or the non-fulfillment of a covenant therein contained.
121 ÆäÀÌÁö - ... has removed, or is about to remove property from the state, with intent to defraud his or its creditors; or has assigned, disposed of or secreted, or is about to assign, dispose of or secrete property with the like intent...