Annual Report of the Commissioners of Statutory Revision of the State of New York. Transmitted to the Legislature April 5, 1900, Volum 2
James B. Lyon, State Printer, 1900
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action or special adjournment affidavit amended appeal appellate court appellate division application appointed attend attorney cause of action certified change of substance chattel citation claim Code Civ commissioner of jurors constable costs counterclaim county clerk county judge county treasurer court of record creditor decedent decree deemed defendant delivered deposition directed discharge district dollars duly entitled Erie county execution executor or administrator fees filed final order guardian intended change issued joinder of issue judgment judicial jurisdiction jury list Kings county last section last sentence letters letters testamentary notice oath omitted paid party payment penalty personal property petition petitioner plaintiff pleading possession precept prescribed by law probate proof provisions real property rendered resident rewritten served sheriff special proceeding specified stenographer subdivision subpoena summons supreme court sureties surrogate surrogate's court term testamentary therein thereto tion trial jurors witness York York county
Side 549 - The answer of the defendant must contain: "1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Side 504 - 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 689 - ... person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting an allegation material to the case...
Side 329 - ... office, and that letters issued to him may be revoked. Where the bond so taken is that of a guardian, the petition may also be presented by any relative of the infant.
Side 128 - 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 ; or 4.
Side 176 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Side 532 - ... 2. That the property is wrongfully detained by the defendant : 3. The alleged cause of the detention thereof, according to his best knowledge, information and belief.
Side 861 - Within the age of twenty-one years ; or 2. Insane; or 3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than his natural life; or 4. A married woman; The time of such disability is not a part of the time limited for the commencement of the action...
Side 117 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.