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

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Definition of a civil action
12
Of persons specially invested with ministerial powers relating
14
The courts of justice in general
15
The Court for the trial of impeachments
18
CHAPTER IV
27
Receivers
30
The superior court of the city of New York
39
Receiver of property in litigation may be
40
The court of common pleas of the city of
47
CHAPTER VII
52
The county courts
55
Guardians 999
60
ARTICLE II
63
CHAPTER XII
73
The justices courts of the cities of Albany Hudson and Troy
78
tice
85
Courts not to be open on certain days except
89
Of judicial officers
97
Powers of county judge in cases of supreme
100
Means to be used by court or judicial officer
107
circuits 39
110
Who may be excused
112
ARTICLE III
115
Manner of returning the trial jury list except
123
ARTICLE VII
132
ARTICLE X
137
CHAPTER IV
143
CHAPTER II
154
The clerks of the courts of justice in general
157
ARTICLE I
159
ARTICLE III
164
supreme court to another
166
CHAPTER 1
167
ARTICLE V
172
County jails the keeping of prisoners therein
174
Jail libeities and the admission of prisoners thereto
181
Execution and return of process by former
188
cess to a new sheriff
189
CHAPTER VI
194
Duties of coroners when the sheriff is a party
196
to the courts of justice
203
Duties of attorneys and counsellors
206
ARTICLE IV
212
By whom proceedings may be instituted
215
CHAPTER III
221
Definition of a guardian
222
Of the form of civil actions
225
Occupation under written instrument or judg
227
The courts of justice in general 15
230
CHAPTER III
233
Provision where judgment has been reversed
237
Plaintiff may sue in one action the different
242
Proceedings when there are several defend
254
TITLE VI
262
Counterclaim precludes another action for
266
CHAPTER VI
272
New writ in certain cases requiring produc tion of person 558
276
Mistakes in pleading and amendments
279
No error or defect to le regarded unless it af fect substantial rights
282
TITLE VII
283
other bail
289
Justification and allowance of bail
290
Deposit of money with sheriff
291
Security upon injunction to suspend business of corporation
298
CHAPTER IV
302
Deposit in court
312
Issues and the mode of trial 317 Issues and the mode of trial
317
Conduct of the trial
324
ARTICLE III
330
Trial by referees
333
Provisions relating to trials in general
334
The manner of giving and entering judgment
340
What the docket must contain
345
Satisfaction of judgment how entered
346
CHAPTER I
347
when
350
TITLE X
368
Actions in particular cases
378
CHAPTER II
384
Actions for nuisance waste trespass on indian lands and wil ful trespass on other real property
386
To whom dainages paid
389
CHAPTER IV
390
CHAPTER V
409
legatees heirs and devisees
416
CHAPTER VII
428
Actions against saine official persons
432
county
435
Judgments against town officers how paid
436
CHAPTER IX
437
Actions in justices courts
445
Pleadings and trial
459
Judgment and execution
471
When à constable may omit to arrest
477
Blank process not allowed
480
TITLE XII
493
Appeals to the supreme court from an inferior court
501
Appeal to the court of common pleas of the city
504
provisions
512
Admission or inspection of writings
516
General provisions
523
act
527
Counsel to speak only an hour without leave
528
All existing rights of action prosecuted as prescribed in this code
529
OF SPECIAL PROCEEDINGS
531
Of state writs
532
Its extent
535
CHAPTER III
537
CHAPTER IV
541
The writ of deliverance from imprisonment
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
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
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
Of assessments
624
CHAPTER II
630
Of the voluntary dissolution of corporations
633
Of proceedings in the courts of conciliation
641
Party not appearing cannot recover costs
645
Of arbitrations
647
Judgment in general 313
655
Proceedings in cases of insanity and habitual
656
CHAPTER I
667
ted States 544
718
ARTICLE 1
739
CHAPTER
754
Judgment upon failure to answer 315
785

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Side 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...
Side 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.
Side 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 a plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Side 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.
Side 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...
Side 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.
Side 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.
Side 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.
Side 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...
Side 239 - ... 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.