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Amendments and Enactments Affecting the Same, Together with a Table Showing the Sections of the Revised Statutes Repealed by the Acts of 1877 and 1880, and Also Those Embodied in the Code of Civil Procedure
Banks & Company, 1900 - 932 páginas
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action administrator affidavit allowed AM'D BY CH amended appeal application appointed arrest attachment attend attorney authority awarded bond brought cause certified claim clerk Code of Proc copy corporation costs creditor damages debt decree defendant delivered deposit designated directed discharge duties effect entitled evidence execution executor fact filed final judgment given granted guardian hundred interest issued judge judgment jurors jury justice last section letters liable manner necessary notice otherwise paid party payment person petition plaintiff possession powers prescribed present prisoner proceedings proof provisions real property reason receiver record recover referee relating rendered resident respect served sheriff special proceeding specified substituted summons supreme court sureties surrogate surrogate's taken term therein thereof thereto thereupon tion trial undertaking unless warrant witness writ
Página 461 - 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. 4. 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 75 - 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.
Página 85 - 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 129 - ... 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, or by inserting an allegation material to the case ; or, where the amendment does not change substantially the claim or defence, by conforming the pleading or other proceeding to the facts proved.
Página 461 - Where 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 89 - 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 99 - ... of the latter, before a judge of the court, or a county judge, at a specified time and place; the time to be not less than five nor more than ten days thereafter.
Página 180 - ... 1. For the recovery of a penalty or forfeiture imposed by statute; except, that when it is imposed for an offense committed on a lake, river, or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream, and opposite to the place where the offense was committed; 2.
Página 75 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.