The New York Code of Civil Procedure, as Amended To, and Including, 1889: Twenty-two Chapters Complete in One Volume : with References to Code Decisions to July 1, 1889S.S. Peloubet, 1889 - 702 sider |
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Side 26
... habeas corpus , or by the special dirction of the court committing him , or in a case specially pre- scribed by law ; is liable to the party aggrieved , for his damages sustained thereby , and is guilty of a misdemeanor . If the ...
... habeas corpus , or by the special dirction of the court committing him , or in a case specially pre- scribed by law ; is liable to the party aggrieved , for his damages sustained thereby , and is guilty of a misdemeanor . If the ...
Side 361
... habeas corpus can be served only by an elector of the State . Where the prisoner is in custody of a sheriff , coroner , consta ble , or marshal , the service is not complete , unless the person serving the writ tenders to the officer ...
... habeas corpus can be served only by an elector of the State . Where the prisoner is in custody of a sheriff , coroner , consta ble , or marshal , the service is not complete , unless the person serving the writ tenders to the officer ...
Side 362
... habeas corpus or of certiorari , issued as prescribed in , article second or article third of this title , may be served by delivering it to the person to whom it is directed . If he cannot be found , with due dili gence , it may be ...
... habeas corpus or of certiorari , issued as prescribed in , article second or article third of this title , may be served by delivering it to the person to whom it is directed . If he cannot be found , with due dili gence , it may be ...
Side 363
... habeas corpus , for the purpose of bringing before the court , a prisoner , detained in a jail or prison , within the State , to testify as a witness in the action or special proceeding , in behalf of the ... HABEAS CORPUS TO TESTIFY .
... habeas corpus , for the purpose of bringing before the court , a prisoner , detained in a jail or prison , within the State , to testify as a witness in the action or special proceeding , in behalf of the ... HABEAS CORPUS TO TESTIFY .
Side 364
... HABEAS CORPUS , AND THE WRIT OF CERTIORARI , TO INQUIKE INTO THE CAUSE OF DETENTION . 2015. Who entitled to prosecute the writs . 2016. When neither writ shall be al- lowed . 2017. Application ; how and to whom made ... HABEAS CORPUS , ETC.
... HABEAS CORPUS , AND THE WRIT OF CERTIORARI , TO INQUIKE INTO THE CAUSE OF DETENTION . 2015. Who entitled to prosecute the writs . 2016. When neither writ shall be al- lowed . 2017. Application ; how and to whom made ... HABEAS CORPUS , ETC.
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The New York Code of Civil Procedure, as Amended To, and Including, 1889 ... New York,Charles David Rust Ingen forhåndsvisning tilgjengelig - 2015 |
Vanlige uttrykk og setninger
9 Civ action brought action or special affidavit am'd appeal application appointed attend attorney awarded cause of action certified chattel corporation costs county clerk county treasurer court of record court or judge creditor decedent decree defendant delivered directed discharge discretion docket dollars effect entitled execution executor or administrator fees filed final judgment final order granted guardian habeas corpus hundred interest issue of fact joinder of issue judgment debtor judgment or order judgment-roll jurisdiction jury justice last section letters testamentary liable lien ment mortgage notice otherwise paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section proof provision real property recover referee rendered resident served sheriff special proceeding specified subd summons Super supreme court sureties surrogate surrogate's court taken term therein thereto thereupon tion trial jurors undertaking virtue warrant of attachment writ
Populære avsnitt
Side 81 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Side 81 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Side 89 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Side 433 - Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced. (4) Where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
Side 127 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Side 127 - ... 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...
Side 67 - An action to redeem real property from a mortgage, with or without an account of rents and profits, may be maintained by the mortgagor, or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises, for twenty years after the breach of a condition of the mortgage, or the non-fulfillment of a covenant therein contained.
Side 125 - When .it is admitted by the pleading or examination of a party, that he has in his possession, or under his control, any money or other thing capable of delivery, which, being the subject of the...
Side 233 - If the person against whom the judgment is rendered is, at the time of filing the judgment-roll, either 1. 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; the time of such a disability is not a part of the time limited...
Side 230 - If the judgment to be confessed is for money due or to become due, it must state concisely the facts, out of which the debt arose ; and must show, that the sum confessed therefor is justly due, or to become due.