The Code of Civil Procedure of the State of New York: Reported Complete by the Commissioners on Practice and Pleading

Cover
Weed, Parsons & Company, public printers, 1850 - 791 Seiten
 

Was andere dazu sagen - Rezension schreiben

Es wurden keine Rezensionen gefunden.

Ausgewählte Seiten

Inhalt

Definition of an injury to the person
14
Out of what criminal action arises
15
Definition of a civil action
16
Definition of a criminal action
17
Civil and criminal remedies not merged in each
18
SECTION 28 29 Its jurisdiction
20
other
27
The superior court of the city of New York
39
Business of the general terms
47
The courts of sessions
54
CHAPTER VIII
55
The courts of sessions in general
62
Other indictments may be sent to oyer
63
CHAPTER XI
68
CHAPTER XII
73
153
77
The marine court of the city of NewYork
81
Proceedings when judges do not attend to hold
85
Courts not to be open on certain days except
89
Of their organization and jurisdiction
97
Powers of county judge in cases of supreme
100
Means to be used by court or judicial officer
105
Of persons specially invested with powers
108
ARTICLE II
110
drawing and summoning the grand jury
113
of drawn grand jurors
114
Grand jury to be drawn from names depo sited How drawn for a city court
115
Misdescription of court not to invalidate order
116
Drawing how conducted
117
Panel to be delivered to sheriff
118
Panel when and how returned
119
Manner of returning the trial jury list except
121
Drawing and summoning the trial jury for
127
ARTICLE X
135
How appointed their tenure of office powers
141
Of the ministerial officers of the courts of jus
142
District attorneys
152
Of the organization and jurisdiction of the courts of justice
157
ARTICLE IV
163
supreme court to another
164
He is the chief executive officer and conserva
166
Duties of sheriffs in the execution and return
170
County jails the keeping of prisoners therein and the pro
172
Jail liberties and the admission of prisoners
181
ARTICLE X
187
Miscellaneous provisions respecting sheriffs
190
Coroners
192
Duties of coroners when the sheriff is a party
194
Manner of returning special jurors 135
201
Duties of attorneys and counsellors
204
ARTICLE IV
210
By whom proceedings may be instituted
215
CHAPTER III
221
Guardians
222
Of the form of civil actions
225
CHAPTER I
226
Occupation under written instrument or judg
227
CHAPTER III
233
The attorney general 142
236
Power of court or judicial officer to adjourn
242
TITLE V
254
Of the pleadings in civil actions
262
Counterclaim precludes another action for
266
CHAPTER VI
272
New writ in certain cases requiring produc tion of person 658
276
No error or defect to he regarded unless it
279
CHAPTER IX
283
Security upon injunction to suspend business
298
When court may order à payment or deposit
312
Of the trial and judgment
313
If juror be taken sick jury discharged
324
ARTICLE III
330
Provisions relating to trials in general
334
Judgment a lien from the time of dacketing in the county only
340
Of the execution of the judgment in civil actions
347
His election or appointment 142
348
To be returnable in sixty days
350
Persons arrested on execution to be imprisoned
352
When property is claimed by a third person sheriff may summon jury to try the claim
353
Manner of executing against property
354
Notice of sale of property
355
Certificate of sale of real property
356
Redemption may be by payment to purchaser
357
Who may not purchase
391
CHAPTER V
409
CHAPTER VI
416
Heirs and devisees liable for debis
422
Preference of debts
423
CHAPTER VII
428
Actions against same official persons
432
county
435
Judgments against town officers how paid
436
CHAPTER IX
437
Summons arrest and attachment
445
Pleadings and trial
459
Judgment and execution
471
justice
472
Party may remit excess over jurisdiction
473
ry and its effects
474
Execution allowed within five years
475
Exécution against joint debtors
476
When a constable may omit to arrest
477
When and how discharged 1130 Execution may be renewed
478
Execution by county clerk on judgment dock eted ARTICLE IV
480
Justices fees
489
Of appeals
493
Appeals to the supreme court from an inferior court
501
Must prepare and transmit blank forms
504
Of the miscellaneous proceedings and general
512
Admission or inspection of writings
516
General provisions
523
Provisions respecting suits heretofore commenced
529
OF SPECIAL PROCEEDINGS
531
Of state writs
532
Its extent
536
If return defective how return ordered
537
To whom and for what issued
538
When peremptory writ allowed
539
Issues when tried
540
The writ of assessment of damages
541
Sheriff to give notice
542
Inquisition may be set aside
543
Owners may apply therefor
544
CIVIL CODE
545
officer
550
Contents of return
551
Person to be produced
552
If sheriff neglect warrant to issue to coroner
553
Party to be remanded in what cases
554
Legality of certain order and process not in quired into
555
Until judgment given party how kept
556
Return may be controverted
557
Transferring party lo elude writ a misde meanor
560
Judgment of discharge if imprisonment illegal
561
For refusing a copy of order forfeiture of 200
562
Writ how served
563
Charges of bringing up prisoner may be or dered to be paid
564
CHAPTER VI
565
Undertaking to be executed
566
Of summary prodeedings
567
If answer made case to be put on calender
576
When part only is due and there is a surplus
578
Summary proceedings for obtaining possession of real proper ty in certain cases
592
Of the enforcement of liens
600
Liens on buildings
601
Liens on vessels
606
Liens on cargoes for wharfage
609
Liens on things doing damage upon real proper ty
610
four hours
611
Disposition of beasts when impounded
612
Other property and if there be no pound beasts when distrained to be kept by the distrainer
613
Notice to be served on the owner if known
614
General provisions
615
Of the punishment of contempts
617
Indemnity to party injured also required
622
Of assessments
624
CHAPTER II
630
Of the voluntary dissolution of corporations
633
The courts of conciliation
641
Of arbitrations
647
Surrogate to ascertain and limit amount
656
TITLE X
667
Tne surrogates court
681
Like proceedings on property taken for Uni ted States 544
718
CHAPTER 1
745

Andere Ausgaben - Alle anzeigen

Häufige Begriffe und Wortgruppen

Beliebte Passagen

Seite 269 - 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...
Seite 252 - 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.
Seite 251 - 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 a plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Seite 708 - 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.
Seite 388 - 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...
Seite 708 - 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.
Seite 254 - 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.
Seite 306 - 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.
Seite 283 - ... 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...
Seite 241 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.