Laws of the State of New York, Volume 2New York State Legislature., 1877 Includes private and local laws. |
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Common terms and phrases
action or special adverse party affidavit application appointed attend attorney bail ballots bond cause of action commenced complaint counterclaim county clerk county court county judge county of New-York court of appeals court of record court of sessions court or judge creditor damages deemed defendant delivered deposit deputy-clerk directed discharged discretion docket duties effect entitled execution exempt filed final judgment granted issue of fact jail judgment debtor judgment or order judgment-roll jury justice Kings county last section levy liable lien ment motion notice notified order of arrest otherwise oyer and terminer paid papers payment pending plaintiff pleading prescribed by law prisoner proof provision real property recover redeem referee rendered residence served sheriff special proceeding specified stenographer subpoena summons superior city court supreme court sureties taken therein thereto thereupon tion TITLE trial jurors undertaking unless verdict virtue warrant of attachment witness
Popular passages
Page 152 - 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.
Page 316 - When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 196 - ... when during the litigation it appears that the defendant is doing or threatens or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
Page 173 - ... being duly sworn, deposes and says that he is the petitioner in the above-entitled proceeding ; that he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Page 234 - ... 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...
Page 175 - In pleading a judgment, or other determination, of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction; but the judgment or determination may be stated to have been duly given or made.
Page 164 - ... The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant or the subject of the action; or, 2. That the plaintiff has not legal capacity to sue; or, 3. That there is another action pending between the same parties for the same cause; or, 4.
Page 121 - The people of this state will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless : 1.
Page 266 - Upon the trial of an action or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through or under whom such a party or interested person derives his interest or title by assignment or otherwise, shall not be examined as a witness in his own behalf or interest, or in behalf of the party succeeding to his title or interest...
Page 124 - For the purpose of constituting an adverse possession, by a person claiming a title, founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in either of the following cases : 1. Where it has been usually cultivated or improved.