The Code of Civil Procedure of the State of New-York

Front Cover
Weed, Parsons & Company, public printers, 1850 - Civil procedure - 791 pages
 

Contents

CHAPTER VIII
55
59
61
The courts of sessions
62
Other indictments may be sent to oyer
63
The city courts
72
The justices courts
73
CHAPTER XIII
81
tice
85
Courts not to be open on certain days except
89
CHAPTER I
97
Further extension of time by whom and
100
Means to be used by court or judicial officer
105
Definition of a trial jury
108
Clerk or sheriff to furnish copy panel without
113
Manner of returning the trial jury list except
121
Drawing how conducted
130
ARTICLE X
135
These courts continued and name changed
140
CHAPTER IV
141
If answer made case to be put on calender
145
Must prepare and transmit blank forms
148
38
150
He is the public prosecutor in his county
152
ARTICLE I
157
ARTICLE IV
163
supreme court to another
164
He is the chief executive officer and conserva
166
Proceedings in case of resistance to the execution
170
County jails the keeping of prisoners therein and the pro
172
Expenses of sheriff or other county officer
179
Jail liberties and the admission of prisoners
181
Execution and return of process by former
187
Provisions respecting persons committed under
189
Duties of coroners when the sheriff is a party
194
to the courts of justice
201
Duties of attorneys and counsellors
204
ARTICLE IV
210
Receivers
211
By whom proceedings may be instituted
215
CHAPTER III
221
Guardians
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
91 92
235
Provision where judgment has been reversed
237
Power of court or judicial officer to adjourn
242
Panel to be delivered to sheriff
248
TITLE V
254
Defendant may be afterwards let in to defend
260
TITLE VI
262
Counterclaim precludes another action for
266
Entry in minute of drawing for city court
270
CHAPTER VI
272
New writ in certain cases requiring produc tion of person 558
276
Sheriffs and their duties in general
277
No error or defect to be 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
Notice and affidavit when and where to
298
CHAPTER IV
302
Receiver of property in litigation may be
311
Provisions relating to trials in general
313
Issues and the mode of trial
317
49
319
Conduct of the trial
324
ARTICLE III
330
Exceptions
334
CHAPTER VIII
340
CHAPTER I
347
when
350
Persons arrested on execution to be imprisoned
352
TITLE XI
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
Who may not purchase
391
CHAPTER V
409
solvency
414
Stockholders compelled to make contribution
415
legatees heirs and devisees
416
CHAPTER VII
428
Actions against same 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
ARTICLE IV
480
TITLE XII
493
Undertakings in one instrument or several
500
342
501
TITLE XIII
512
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
PART III
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
Defendant may prevent attachment by secu
570
Mortgage to secure payment of money only
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
Of arbitrations
647
Judgment in general 313
655
Proceedings in cases of insanity and habitual
656
CHAPTER III
664
CHAPTER I
667
Proceedings of insolvent to discharge himself from his debts
670
ted States 544
718
CHAPTER
759
Judgment upon failure to answer 315
769

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Common terms and phrases

Popular passages

Page 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...
Page 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.
Page 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...
Page 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.
Page 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...
Page 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.
Page 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.
Page 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.
Page 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...
Page 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.