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

Передняя обложка
Weed, Parsons & Company, public printers, 1850 - Всего страниц: 791
 

Отзывы - Написать отзыв

Не удалось найти ни одного отзыва.

Избранные страницы

Содержание

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 court continged
39
Means to be used by court or judicial officer
40
Business of the general terms
47
The courts of sessions
62
Other indictments may be sent to oyer
63
CHAPTER XI
68
CHAPTER XII
73
CHAPTER XIII
81
ARTICLE I
85
ARTICLE II
86
Courts not to be open on certain days except
89
Judicial officers in general
97
CHAPTER III
98
Powers of county judge in cases of supreme
100
Drawing and summoning the trial jury for the circuits
108
Definition of a trial jury
109
ARTICLE II
110
ARTICLE III
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
Penalty on grand jurors for nonattendance
119
Court when held
123
Drawing and summoning the trial jury for the marine court
130
CHAPTER II
137
How appointed their tenure of office powers
141
CHAPTER II
152
The clerks of the courts of justice in general
157
supreme court to another
164
He is the chief executive officer and conserva
166
County jails the keeping of prisoners therein
172
Jail liberties and the admission of prisoners thereto
181
C
184
ARTICLE XI
189
ARTICLE I
192
Duties of coroners when the sheriff is a party
194
Duties of attorneys and counsellors
204
ARTICLE IV
210
By whom proceedings may be instituted
215
CHAPTER III
221
CHAPTER V
224
Of the form of civil actions
225
Occupation under written instrument or judge
227
CHAPTER III
233
Provision where judgment has been reversed 239 Section 588 Provision where judgment has been reversed
237
Power of court or judicial officer to adjourn
242
When married woman is party her husband
244
TITLE V
254
TITLE VI
262
CHAPTER V
263
148
266
General rules of pleading
272
tion of person 558
276
Party not appearing cannot recover costs
278
No error or defect to le regarded unless it af fect substantial rights
282
TITLE VII
283
178
284
other bail
289
Justification and allowance of bail
290
Deposit of money with sheriff
291
Security upon injunction to suspend business of corporation
298
Affidavits on motion
302
Judgment and execution
304
Receivers
311
Issues and the mode of trial
313
If juror be taken sick jury discharged
324
ARTICLE III
330
Provisions relating to trials in general
334
The manner of giving and entering judgment
340
TITLE IX
347
CHAPTER II
362
Heirs and devidees 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
Aetions in justices courts
445
Defendant when arrested to be taken before
454
Pleadings and trial
459
When action may be dismissed
471
vuelo
479
ARTICLE I
480
TITLE XII
493
Appeals to the supreme court from an inferior court
501
TITLE XIII
512
Admission or inspection of writings
516
409
521
Papers lost or withheld how supplied
523
act
527
Counsel to speak only an hour without leave
528
All existing rights of action prosecuted as prescribed in this code
529
TION
531
The courts of justice in general
532
Its extent
535
If return defective how return ordered
537
CHAPTER IV
541
CIVIL CODE
545
quired into
555
Until judgment given party how kept
556
Return may be controverted
557
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
Of summary prodeedings
567
If answer made case to be put on calender
570
Proceedings on attachment
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
Parties united in interest when to be joined
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
Warrant to be returned
621
Indemnity to party injured also required
622
Of assessments
624
CHAPTER II
630
Of the voluntary dissolution of corporations
633
Of proceedings in the courts of conciliation
641
Of arbitrations
647
TITLE IX
651
Surrogate to ascertain and limit amount
656
CHAPTER III
664
CHAPTER I
667
Proceedings of insolvent to discharge himself from his debts
670
Of miscellaneous proceedings and general provisions
681
PART
692
General divisions and arrangement
701
Of the general principles of evidence
702
tion
704
168 Contents of writing how proved
705
Construction of language relates to place where used
706
The intention of the legislature or parties
707
ted States 544
718
Judgment in general 313
749
CHAPTER
759
Judgment upon failure to answer 315
769
Of evidence in particular cases and miscellane
781
CHAPTER IV
788

Другие издания - Просмотреть все

Часто встречающиеся слова и выражения

Популярные отрывки

Стр. 267 - 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...
Стр. 250 - 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.
Стр. 304 - 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.
Стр. 249 - 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...
Стр. 706 - 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.
Стр. 386 - 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...
Стр. 706 - 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.
Стр. 4 - 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.
Стр. 252 - 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.
Стр. 281 - ... 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...

Библиографические данные