The New York Code of Civil Procedure: As it is January 1, 1905, with Notes on the Judicial Decisions Thereon Or Relating Thereto, Together with the Judicial Article of the Constitution, Statutory Construction Law, Rules of the Court of Appeals, General and Special Rules of Practice, and a Combined Table-index of Subject Matter of the Code of Civil Procedure and General Laws |
Common terms and phrases
56 Misc 60 Misc action to recover administrator aff'g affidavit alleged Amended by chap answer appellate division application appointed attorney award Brooklyn Heights Railroad brought cause of action certificate changed claim clerk commissioner complaint contract Corporation Law costs counterclaim county court court of appeals Creditor Law damages decedent decree defendant defendant's demurrer denied dismissed entitled equity Estate Law evidence ex rel examination execution executor facts fees fendant filed granted ground hundred issue judgment debtor Judiciary Law jurisdiction jury justice letters testamentary lien Matter mechanic's lien ment misjoinder mortgage motion N. Y. Supp notice paid party payment person petition plain plaintiff pleadings prescribed provisions pursuant real property referee rendered resident rev'g served sheriff special proceeding special term specified statute stenographer subd supreme court surrogate surrogate's court thereof tiff tion trial jurors trust verdict writ York
Popular passages
Page 92 - 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 7 - ... record, appointed to be held therein, with proper and convenient rooms and furniture, together with attendants, fuel, lights, an'd stationery, suitable and sufficient for the transaction of its business.
Page 41 - From all the justices elected to the Supreme Court the Governor shall designate those who shall constitute the Appellate Division in each department; and he shall designate the presiding justice thereof, who shall act as such during his term of office, and shall be a resident of the department.
Page 257 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.
Page 353 - In addition to the exemptions, allowed by the last section, necessary household furniture, working tools and team, professional instruments, furniture and library, not exceeding in value two hundred and fifty dollars, together with the necessary food for the team, for ninety days, are exempt from levy, and sale by virtue of an execution, when owned by a person, being a householder, or having a family for which he provides...
Page 91 - A married woman has all the rights in respect to property, real or personal, and the acquisition, use, enjoyment and disposition thereof, and to make contracts in respect thereto with any person, including her husband, and to carry on any business, trade or occupation, and to exercise all powers and enjoy all rights in respect thereto and in respect to her contracts, and be liable on such contracts, as if she were unmarried; but a husband and wife can not contract to alter or dissolve the marriage...
Page 321 - ... acknowledged or proved, and certified, in like manner as a deed to be recorded in the county where the property is situated; and must be recorded in the office of the clerk of that county, in a book kept for that purpose, and styled the
Page 353 - ... to said judgment debtor to the amount specified therein which shall not exceed ten per centum thereof, and said levy shall be a continuing levy until said execution and the expenses thereof are fully satisfied and paid or until modified as hereinafter provided...
Page 55 - Neither the Legislature, canal board, .nor any person or persons acting in behalf of the State, shall audit, allow, or pay any claim which, as between citizens of the State, would be barred by lapse of time.
Page 458 - ... 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...