The New York Code of Civil Procedure: In One Volume, Containing All Amendments to and Including the Session of 1891 : with Annotations and References to the New York Consolidation Act

Diossy Law Book Company, 1891 - 498 ˹
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˹ 98 - 1. That the court has not jurisdiction of the person of the defendant. 2. That the court has not jurisdiction of the subject of the action. 4. That there is another action pending between the same parties, for the same cause. 3. That the plaintiff has not legal capacity to sue. 5. That there is a
˹ 242 - Where there is no answer, the judgment shall not be more favorable to the plaintiff, than that demanded in the complaint. Where there is an answer, the court may permit the plaintiff to take any judgment, consistent with the case made by the complaint, and embraced within the issue. 96 NY 108 ; 5 NY
˹ 91 - 1877.] 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
˹ 212 - 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
˹ 278 - If it appears to the surrogate, that there is reason to believe that the allegations of the petition are true, he must cite the principal in the bond to show cause, why the prayer of the petition should not be granted. § 2598. Upon the return of a citation, issued as prescribed in the
˹ 487 - public holiday ", includes each of the following days, to wit : the first day of January ; the twentysecond day of February ; the thirtieth day of May ; the fourth day of July ; the twenty-fifth day of December ; unless either of those days falls upon Sunday, and, in that
˹ 352 - may cite such persons as he thinks proper, to show cause, why the prayer of the petition should not be granted. But before the ancillary letters are issued, the surrogate must inquire, whether any debts are due from the ward's estate to residents of the
˹ 99 - 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defence or counterclaim, in ordinary and concise language, without repetition. § 5O1.
˹ 36 - controversy, excluding costs, is less than five hundred dollars ; unless the court below, by an order made at the general term which rendered the determination, or at the next general term after judgment is entered thereupon, allows the appeal, on the ground that a question of law is involved, which ought to be reviewed by the
˹ 75 - same, is. when his title first descends, or his cause of action or right of entry first accrues, either : 1. Within the age of twenty-one years ; or, 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term les* than for life