Report of the Board of Statutory Consolidation on the Simplification of the Civil Practice in the Courts of New York: Surrogate Court Act, Justice Court Act and amendments to city courts practice. Special practiceJ.B. Lyon Company, 1915 |
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action or special adjournment affidavit ancillary letters appellate court appellate division applicable appointed ARTICLE attorney bond chattel citation city court Civil Procedure claim clerk Code of Civil constable correct the reference costs county clerk creditor debt decedent decree defendant delivered deposit directed discharge discretion docket dollars duly entitled estate or fund execution executor or administrator fees filed granted guardian hundred infant issued joinder of issue judge judgment debtor judgment or order judicial settlement jurisdiction jurors jury justice court practice last section letters of administration letters testamentary ment Note party payment personal property petition petitioner plaintiff practice by Code prescribed by law prescribed in section probate proof provisions real property record recover rendered replevied resident served sheriff special proceeding specified summons supreme court sureties surrogate surrogate's court taken testamentary trustee therein thereto thereupon tion trial undertaking warrant of attachment witness York
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Página 165 - 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...
Página 165 - And, in every stage of the action, the court must disregard an error or defect, in the pleadings or other proceedings, which does not affect the substantial rights of the adverse party.
Página 138 - Every action must be prosecuted in the name of the real party in interest...
Página 29 - ... courts of those counties have concurrent jurisdiction, exclusive of every other surrogate's court, to take the proof of the will and grant letters testamentary thereupon, or to grant letters of administration, as the case requires.
Página 207 - The court may further direct that either party shall pay the expenses of such reference. If the court or judge finds the sureties sufficient he must indorse his allowance of them upon the undertaking, or a copy thereof, and a notice of the allowance must be served upon the attorney for the exceptant. The effect of a failure so to justify and procure an allowance, is the same as if the undertaking had not been given.
Página 261 - An undertaking [given as prescribed in this chapter,] must be filed with the clerk, with whom the judgment or order appealed from is entered...
Página 135 - 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 70 - If it appears to the surrogate that the will was duly executed; and that the testator, at the time of executing it, was in all respects competent to make a will and not uuder restraint; it must be admitted to probate as a will valid...
Página 269 - Upon the adverse party or his attorney, but omits, through mistake, inadvertence or excusable neglect, to serve it upon the other, or to do any other act necessary to perfect the appeal, or to stay the execution of the judgment or order appealed from, the court in or to which the appeal is taken, upon proof by affiMATTEli OF DARRAGH.
Página 145 - ... that if the defendant 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.