Parsons' Code, the New York Code of Civil Procedure, as Amended by the Legislature to and Including the Session of 1919[-1920]; Sections of Code Annotated with Reference Notes and Notes Showing Derivation Thereof, and Giving Titles of Cases Construing and Applying Such Sections, Containing Also the State Constitution; General Construction Law; New York City Municipal Court Code; Rules of the Court of Appeals; General Rules of Practice; Rules of the Appellate Division of the Supreme Court, All Departments; Special Rules of the Supreme Court, First Judicial District; Rules of the City Court of the City of New York, and Rules of the Appellate Terms, First and Second Departments ... The Practice Manual of the State of New York
New York (State), Austin B. Griffin, John T. Fitzpatrick, Frank Bixby Gilbert, John Crawford Thomson
J.D. Parsons, jr., 1911 - Civil procedure
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action or special affidavit Am'd amended appellate division application appointed attorney awarded bond cause of action certified chattel citation claim clerk complaint Consolidated Laws copy corporation county clerk county treasurer court of record court or judge creditor debt decedent decree deemed defendant delivered deposit direct discharge docket effect Sept entitled Estate Law execution executor or administrator filed final judgment granted guardian habeas corpus infant interest issued judgment debtor Judiciary Law jurisdiction jurors jury justice last section letters letters of administration letters testamentary liability lien ment motion notice otherwise payment personal property petition plaintiff pleading prescribed in section prisoner Proc proof provisions real property recover referee rendered Repealed resident served sheriff special proceeding specified summons supreme court sureties surrogate surrogate's court term testamentary therein thereof thereto thereupon tion trial undertaking unless warrant writ
Page 88 - 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. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page cii - Legislature so next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each House, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people in such manner and at such time...
Page lxxii - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive...
Page 135 - ... recovers judgment, or if the warrant is vacated, the plaintiff will pay all costs, which may be awarded to the defendant, and all damages, which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, which must be at least two hundred and fifty dollars.
Page 159 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, 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...
Page lxviii - The lieutenant-governor shall possess the same qualifications of eligibility for office as the governor. He shall be president of the senate, but shall have only a casting vote therein. If during a vacancy of the office of governor, the lieutenant-governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or...
Page li - Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Page lxvii - Governor and Lieutenant-Governor shall be elected at the times and places of choosing members of the Assembly. The persons respectively having the highest number of votes for Governor and Lieutenant-Governor shall be...
Page 291 - If the judgment to be confessed is for the purpose of securing the plaintiff, against a contingent liability, it must state concisely the facts, constituting the liability ; and must show, that the sum confessed therefor does not exceed the amount of the liability. The statement must be verified by the oath of the defendant, to the effect, that the matters of fact therein set forth are true.
Page lxxv - No Judge or Justice shall sit in the Appellate Division or in the Court of Appeals in review of a decision made by him or by any court of which he was at the time a sitting member. The testimony in equity cases shall be taken in like manner as in cases at law ; and, except as herein otherwise provided, the Legislature shall have the same power to alter and regulate the jurisdiction and proceedings in law and in equity that it has heretofore exercised.