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The New York Code of Civil Procedure, in One Volume, Containing All ...
New York (State),Morris Cooper
Ingen forhåndsvisning tilgjengelig - 1894
action brought action or special affidavit Am'd appeal application appointed attend attorney awarded cause of action certified chattel claim clerk commenced commissioner copy corporation county clerk county judge county treasurer court of record court or judge creditor damages debt decedent decree deemed defendant delivered direct discharge discretion dower duly entitled execution executor or administrator filed final judgment final order granted guardian habeas corpus heirs hundred infant interest judgment debtor jurisdiction jury justice last section letters testamentary liable lien ment mortgage notice otherwise paid party payment personal property petition petitioner plaintiff possession prescribed by law prescribed in section prisoner proceeds proof provision real property recover referee rendered resident served sheriff special proceeding specified summons supreme court sureties surrogate surrogate's court taken term therein thereof thereto thereupon tion trial jurors trustee undertaking virtue warrant writ writ of certiorari
Side 77 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item, proved in the account on either side.
Side 75 - Within the age of twenty-one years; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life.
Side 106 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the Court may order the pleading to be amended, upon such terms as may be Just.
Side 106 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Side 238 - To open, vacate, modify, or set aside, or to enter, as of a former time, a decree or order of his court ; or to grant a new trial or a new hearing for fraud, newly discovered evidence, clerical error, or other sufficient cause.
Side 107 - And when the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain, by amendment.
Side 79 - ... commencing an action, when the summons is served on him or on a co-defendant who is a joint contractor or otherwise united in interest with him.
Side 374 - Where part of the excess is not due from the plaintiff, the judgment does not prejudice the defendant's right to recover, from another person, so much thereof as the judgment does not cancel.