A Digest of New York Statutes and Reports: From the Earliest Period to the Year 1860, Հատոր 1J.S. Voorhies, 1864 |
Common terms and phrases
12 Barb 12 Wend 14 Johns Abbotts adverse possession affidavit affirming S. C. allowed amend apply arbitrators arrest assignment assignor assumpsit attorney award bail Bank bill bond cause of action Chan Chancery claim Code contract costs Court of Appeals creditors debt debtor decree deed defendant demand discharge Duer E. D. Smith entitled Errors execution fact Held Hill holder indorser Jackson judgment liable lien maker ment mortgage motion N. Y. 1 Comst N. Y. 1 Kern N. Y. 4 Seld N. Y. 6 Smith N. Y. Leg N. Y. Superior Ct notice nunc pro tunc officer Overruled Paige party payable payee payment person plaintiff pleading possession preme Ct proceedings provision recover Reversed Sandf Stat statute sub nom suit supra Supreme Court Supreme Ct term tion trial trust void
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Էջ 7 - From the time of the service of the summons in a civil action, the court shall be deemed to have acquired jurisdiction, and to have control of all the subsequent proceedings. A voluntary appearance of a defendant shall be equivalent to personal service of the summons upon him.
Էջ 74 - ... whenever any proceeding taken by a party fails to conform in any respect to the provisions of this code, the court may, in like manner, and upon like terms, permit an amendment of such proceeding, so as to make it conformable thereto.
Էջ 217 - 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.
Էջ 171 - In an order affecting a substantial right, made in such action, when such order in effect determines the action, and prevents a judgment from which an appeal might be taken : 3.
Էջ 44 - ... 3. Where, although not inclosed, it has been used for the supply of fuel or of fencing timber, for the purposes of husbandry, or the ordinary use of the occupant : 4.
Էջ 234 - The defendant may be arrested, as hereinafter prescribed, in the following cases: 1. In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the state with intent to defraud his creditors.
Էջ 235 - When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.
Էջ 74 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Էջ 89 - Within twenty days after a pleading, or the answer or demurrer thereto, is served, or at any time before the period for answering it expires, the pleading may be once amended by the party, of course, without costs, and without prejudice to the proceedings already had.
Էջ 234 - In an action to recover the possession of personal property unjustly detained, where the property or any part thereof has been concealed, removed or disposed of, so that it cannot be found or taken by the sheriff, and with the intent that it should not be so found or taken, or with the intent to deprive the plaintiff of the benefit thereof.