The Civil Practice Manual of the State of New York, Containing Civil Practice Act, Surrogate Court Act, Justice Court Act, City Court Act, Court of Claims Act, Passed by the Legislature of 1920, Effective April 15, 1921: Also, the New Rules of Civil Practice by the Convention of Judges and Lawyers Authorized by the Legislature of 1920, and the New York City Municipal Court Code : with Separate Indices to All
C. Boardman, 1920
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action administrator affidavit allowed amount answer appeal application appointed arrest attachment attorney authorized awarded bond brought cause cents certified chattel Civil Practice Act claim clerk Code complaint copy corporation costs creditor damages debtor decree defendant delivered demand deposit determination direct discharge dollars effect entered entitled evidence examination execution executor fact fees filed given granted guardian hundred infant interest issued judge judgment Judiciary Law jurisdiction jury Justice Court Act letters manner ment motion notice otherwise paid party payment person petition plaintiff pleading possession prescribed proceeds proof provisions real property reason receiver record recover referee rendered resident served sheriff Source special proceeding specified stay summons supreme court sureties surrogate Surrogate Court Act surrogate's court taken term therein thereof thereupon tion trial undertaking unless warrant witness York
Página 18 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Página 18 - All persons may be joined in one action as plaintiffs, in whom any right to relief [in respect of or arising out of the same transaction or series of transactions] is alleged to exist, whether jointly, severally, or in the alternative, [where if such persons brought separate actions any common question of law or fact would arise...
Página 39 - For the purpose of constituting an * 87°* 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.
Página 18 - 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.
Página 33 - ... 1. Where the right grows out of the receipt or detention of money or property, by an agent, trustee, attorney, or other person acting in a fiduciary capacity, the time must be computed from the time, when the person, having the right to make the demand, has actual knowledge of the facts, upon which that right depends.
Página 18 - ... where it is alleged in the complaint that the chattel or a part thereof has been concealed, removed or disposed of so that it cannot be found or taken by the sheriff and with intent that it should not be so found or taken, or to deprive the plaintiff of the benefit thereof...
Página 18 - ... in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers 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 attachment...