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

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

From inside the book

Contents

59
61
The city courts
62
Other indictments may be sent to oyer
63
When held and its duration Concurrent terms
68
The justices courts
73
The justices courts of the cities of Albany Hudson and Troy 78 I Z Z
78
The marine court of the city of NewYork
81
CHAPTER XVI
85
Courts not to be open on certain days except
89
CHAPTER I
97
Powers of county judge in cases of supreme
100
Means to be used by court or judicial officer
105
Definition of a trial jury
108
Foreign juries juries de medietate linguæ and trial at bar abolished
109
ARTICLE II
110
ARTICLE III
113
of drawn grand jurors
114
Grand jury to be drawn from names depo sited How drawn for a city court
115
Misdescription of court not to invalidate order
116
Drawing how conducted
117
Panel to be delivered to sheriff
118
Penalty on grand jurors for nonattendance
119
Manner of returning the trial jury list except
121
ARTICLE X
135
CHAPTER IV
141
៩៩
150
CHAPTER II
152
When disqualified
157
ARTICLE IV
163
supreme court to another
164
He is the chief executive officer and conserva
166
County jails the keeping of prisoners therein and the pro
172
Jail liberties and the admission of prisoners thereto
181
Execution and return of process by former
187
Miscellaneous provisions respecting sheriffs
190
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
By whom proceedings may be instituted
215
CHAPTER III
221
Guardians
222
The several courts of this state
225
Occupation under written instrument or judg
227
76
228
89
233
Ir cidental powers and duties of judiciul officers
236
Provision where judgment has been reversed
237
Power of court or judicial officer to adjourn
242
TITLE V
254
TITLE VI
262
Counterclaim precludes another action for
266
20
269
CHAPTER VI
272
New writ in certain cases requiring produc tion of person 558
276
Party not appearing cannot recover costs
278
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
Receivers
311
Issues and the mode of trial
313
49
319
CHAPTER IV
322
If juror be taken sick jury discharged
324
ARTICLE III
330
Provisions relating to trials in general
334
Judgment a lien from the time of docketing in the county only
340
26
345
CHAPTER I
347
when
350
When not obliged to hold court
352
When property is claimed by a third person sheriff may summon jury to try the claim
353
Manner of executing against property
354
35
355
Certificate of sale of real property
356
Redemption may be by payment to purchaser
357
The evidence of the lien must be produced
358
solvency
414
Stockholders compelled to make contribution
415
legatees heirs and devisees
416
assets
425
CHAPTER VIII
432
Judgments in actions under this chapter
443
Actions in justices courts
445
cer 106
452
When pleadings must be put
459
Judgment and execution
471
ARTICLE IV
480
Of appeals
493
333
496
1185
501
Judgment how given
504
Counter affidavits allowed
507
Of the miscellaneous proceedings and general
512
General provisions
523
TITLE XIV
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
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
Summary proceedings for foreclosing mortgages on real pro
576
When part only is due and there is a surplus
578
Junior incumbrancers may pay the mortgage
588
Summary proceedings for obtaining possession of real proper ty in certain cases
592
Of the enforcement of liens
600
Liens on buildings
601
Father may sue for seduction of daughter
605
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 I
667
Proceedings of insolvent to discharge himself from his debts
670
Of miscellaneous proceedings and general provisions
681
The collection and remission of fines and forfeitures
687
Several degrees of evidence specified
692
Of the general principles of evidence
702
tion
704
Contents of writing how proved
705
An agreement reduced to writing deemed the whole
706
The intention of the legislature or parties
707
Of the kinds and degrees of evidence
713
ted States 544
718
CHAPTER
759
Judgment upon failure to answer 315
769
Whoever pays entitled to receipt
781
Provisions respecting suits heretofore com

Other editions - View all

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 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 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 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 4 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
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 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...