The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ... : as Enacted and Amended in 1880 : Together with the Repealing Acts and Table of Corresponding Sections
J.D. Parsons, Jr., 1881 - 1471 páginas
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action action or special affidavit am'd Amended answer appeal application appointed arrest attachment attend attorney authorized Bank Barb bond brought cause certified chapter clerk commenced commissioner complaint containing copy court of record damages deemed defendant delivered demand deposition designated direct discharged drawing drawn duties effect eighteen hundred entitled evidence execution fact filed final given granted held holding hundred interest issue jail judge judgment jury justice last section laws of eighteen liable manner ment motion necessary New-York notice notified original otherwise paid party person plaintiff pleading prescribed prisoner Proc proof provision reason receive recover referee relating removed rendered resident served sheriff special proceeding specified stenographer summons supreme court taken term therein thereof thereupon tion trial jurors undertaking unless warrant witness
Página 154 - The executor or administrator duly appointed in this state, or in any other state, territory or district of the United States, or in any foreign country, of a decedent, who has left him or her surviving a husband, wife, or next of kin, may maintain an action to recover damages for a wrongful act, neglect or default, by which the decedent's death was caused, against a natural person who, or a corporation which, would have been liable to an action in favor of the decedent by reason thereof if death...
Página 335 - 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 155 - The damages recovered in an action, brought as prescribed in the last section, are exclusively for the benefit of the decedent's husband or wife and next of kin; and when they are collected they must be distributed by the plaintiff as if they were unbequeathed assets left in his hands, after payment of all debts and expenses of administration.
Página 260 - When .it is admitted by the pleading or examination of a party, that he has in his possession, or under his control, any money or other thing capable of delivery, which, being the subject of the...
Página 579 - But it must appear, upon the face of the complaint, that all the causes of action so united belong to one of the foregoing subdivisions of this section...
Página 308 - ... by warrant commit the offender to jail, there to remain until he submits to do the act which he was so required to do or is discharged according to law.
Página 195 - Where he has been committed, or is detained, by virtue of the final judgment or decree, of a competent tribunal of civil or criminal jurisdiction ; or the final order of such a tribunal, made in a special proceeding, instituted for any cause, except to punish him for a contempt ; or by virtue of an execution or other process, issued upon such a judgment, decree, or final order.
Página 157 - An executor, 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 104 - Where an action is brought, as prescribed in either of the last two articles, the court may, in its discretion, during the pendency thereof, from time to time, make and modify an order or orders, requiring the husband to pay any sum or sums of money, necessary to enable the wife to carry on or defend the action...