The New York Code of Civil Procedure ...S.S. Peloubet, 1894 - 655 pages |
From inside the book
Results 1-5 of 82
Page 78
... affidavit of a person , other than the plaintiff , showing that the signature is genuine . A certificate , admission , or affidavit of service of a summons , must state the time and place of service . A written admission of the service ...
... affidavit of a person , other than the plaintiff , showing that the signature is genuine . A certificate , admission , or affidavit of service of a summons , must state the time and place of service . A written admission of the service ...
Page 80
... affidavit of the printer or publisher , or his foreman or prin- cipal clerk . Froof of deposit in the post - office , or of delivery , of a paper required to be deposited or delivered by the provisions of this article , must be made by ...
... affidavit of the printer or publisher , or his foreman or prin- cipal clerk . Froof of deposit in the post - office , or of delivery , of a paper required to be deposited or delivered by the provisions of this article , must be made by ...
Page 83
... affidavit , unless the applicant is an infant under the age of fourteen years , and in that case by the affidavit of his guardian appointed in said action , and supported by a certificate of a counselor- at - law to the effect that he ...
... affidavit , unless the applicant is an infant under the age of fourteen years , and in that case by the affidavit of his guardian appointed in said action , and supported by a certificate of a counselor- at - law to the effect that he ...
Page 93
... affidavit ; or , if there are two or more parties united in inter- est , and pleading together , where neither of them , acquainted with the facts , is within that county , and capable of making the affidavit ; or where the action or ...
... affidavit ; or , if there are two or more parties united in inter- est , and pleading together , where neither of them , acquainted with the facts , is within that county , and capable of making the affidavit ; or where the action or ...
Page 94
... affidavit , by the affidavit of the agent or attorney . If he fails 30 to do , he is precluded from giving evidence of the account . The court , or a judge authorized to make an order in the action , may direct the party to deliver a ...
... affidavit , by the affidavit of the agent or attorney . If he fails 30 to do , he is precluded from giving evidence of the account . The court , or a judge authorized to make an order in the action , may direct the party to deliver a ...
Common terms and phrases
14 Daly 51 Super 9 Civ action brought action or special affidavit am'd appeal application appointed attend attorney awarded cause of action certified chattel citation clerk copy corporation costs county clerk county judge county treasurer court of record court or judge creditor debt decedent decree defendant delivered direct discharge discretion docket duly effect entitled execution executor or administrator filed final judgment final order granted guardian hundred interest joinder of issue judgment debtor jurisdiction jury justice last section letters testamentary liable lien mortgage notice otherwise paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section proof provisions real property recover referee rendered resident served sheriff special proceeding specified subd summons supreme court sureties surrogate surrogate's court term therein thereof thereto thereupon tion trial jurors trustee undertaking warrant of attachment writ
Popular passages
Page 54 - 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 66 - In pleading a judgment or other determination of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction ; but the judgment or determination may be stated to have been duly given or made.
Page 101 - ... in its discretion, and 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...
Page 6 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 123 - ... until he submits to do the act which he was so required to do or is discharged according to law.
Page 83 - That the defendant is either a foreign corporation or not a resident of the State ; or, if he is a natural person and a resident of the Srate, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...
Page 40 - If a person entitled to commence an action for the recovery of real property, or to make an entry or defense founded on the title to real property, or to rents or services out of the same, be at the time such title shall first descend or accrue, either: 1.
Page 142 - ... 1. For the recovery of a penalty or forfeiture imposed by statute; except, that when it is imposed for an offense committed on a lake, river, or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream, and opposite to the place where the offense was committed; 2.
Page 53 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Page 28 - ... a question of law is involved which ought to be reviewed by the court of appeals.