The Code of Civil Procedure of the State of New York: The Twenty-three Chapters in Full, the Different Amendments in Their Proper Sections, as in Force on September 1st, 1877, and All Subsequent Amendments and Enactments Affecting the Same ...Banks & Bros., 1895 - 926 páginas |
Dentro del libro
Resultados 6-10 de 79
Página 106
... fact , and the particulars in which he has been misled , must be proved to the satisfaction of the court . Thereupon the court may , in its discretion , order the pleading to be amended , upon such terms as it deems just . § 540 ...
... fact , and the particulars in which he has been misled , must be proved to the satisfaction of the court . Thereupon the court may , in its discretion , order the pleading to be amended , upon such terms as it deems just . § 540 ...
Página 122
... fact to be determined , * 634 . Proof upon questions of fact . § 626. Application to vacate or modify without notice . Where the injunction order was granted without notice , the party enjoined may apply , upon the papers upon which it ...
... fact to be determined , * 634 . Proof upon questions of fact . § 626. Application to vacate or modify without notice . Where the injunction order was granted without notice , the party enjoined may apply , upon the papers upon which it ...
Página 151
... facts . § 777. Id .; as to application for judgment . Where an application is made to the court for judgment , it ... fact of the former application is stated , and the proceedings thereupon , and subsequent thereto , are fully set ...
... facts . § 777. Id .; as to application for judgment . Where an application is made to the court for judgment , it ... fact of the former application is stated , and the proceedings thereupon , and subsequent thereto , are fully set ...
Página 161
... fact arising upon the plead- ings , or where a question of fact , not in issue upon the pleadings , is to be tried , an order for the trial thereof by a jury may be made , stating , dis- tinctly and plainly , the questions of fact to be ...
... fact arising upon the plead- ings , or where a question of fact , not in issue upon the pleadings , is to be tried , an order for the trial thereof by a jury may be made , stating , dis- tinctly and plainly , the questions of fact to be ...
Página 171
... fact is recited in the order . [ AM'D BY CH . 428 OF 1894. Took effect May 23 , 1894. ] § 874. Attendance , how compelled . [ AMENDED BY CH . 416 OF 1877. ] Witnesses ' fees , at the rate prescribed by law in an action in the supreme ...
... fact is recited in the order . [ AM'D BY CH . 428 OF 1894. Took effect May 23 , 1894. ] § 874. Attendance , how compelled . [ AMENDED BY CH . 416 OF 1877. ] Witnesses ' fees , at the rate prescribed by law in an action in the supreme ...
Contenido
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82 | |
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151 | |
307 | |
393 | |
505 | |
590 | |
700 | |
701 | |
708 | |
715 | |
723 | |
724 | |
731 | |
733 | |
10 | |
77 | |
98 | |
134 | |
163 | |
Términos y frases comunes
action brought action or special affidavit AM'D BY CH AM'D CH amended appeal appellate division application appointed arrest attend attorney awarded bond cause of action certified chattel clerk Code of Proc commissioner copy corporation costs county clerk county judge county treasurer court of record court or judge creditor damages debt decedent decree defendant delivered deposit directed discharge discretion docket effect Jan entitled execution executor or administrator filed final judgment granted guardian habeas corpus interest judgment debtor jurisdiction jury justice last section letters letters testamentary liable lien notice paid payment personal property petition petitioner plaintiff prescribed by law prescribed in section prisoner proof provisions 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 writ
Pasajes populares
Página 82 - 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.
Página 468 - Where an award is vacated and the time, within which the agreement required the award to be made, has not expired, the court may in its discretion direct a rehearing by the arbitrators.
Página 468 - Whore there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing, or property, referred to in the award.
Página 92 - ... 1. 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. 2. In an action on contract, any other cause of action on contract, existing at the commencement of the action.
Página 468 - 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. (d) 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.
Página 590 - ... the effect, that if the defendant recovers judgment, or if the warrant is vacated, the plaintiff will pay all costs, which may be awarded to the defendant, and all damages, which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, which must be at least two hundred and fifty dollars.
Página 98 - 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.
Página 159 - ... refuses without reasonable cause to be examined, or to answer a legal and pertinent question, or to produce a book or paper...
Página 96 - The affidavit of verification must be to the effect that the pleading is true to the knowledge of the deponent, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Página 469 - Each notice, affidavit, or other paper used upon an application to confirm, modify, or correct the award, and a copy of each order of the court upon such an application.