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Home > Law > Jurisprudence and general issues > The New York Code of Civil Procedure as It Is in 1890, with Notes of the Judicial Decisions Thereon or Relating Thereto; Together with the Rules of the Court of Appeals and the General Rules Volume 2
The New York Code of Civil Procedure as It Is in 1890, with Notes of the Judicial Decisions Thereon or Relating Thereto; Together with the Rules of the Court of Appeals and the General Rules Volume 2

The New York Code of Civil Procedure as It Is in 1890, with Notes of the Judicial Decisions Thereon or Relating Thereto; Together with the Rules of the Court of Appeals and the General Rules Volume 2


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...269, Brady, J. f. Jud ment for amount admtl.ed.--here plaintiffs claim is admitted by the answer, and defendant sets up a counterclaim of less than the sum claimed by glaintiff, plaintifl may enter judgment for the alance without an assessment by the clerk. Robbins v. Watson, 2 How. 293; see 512. g. Gold.--In an action on a contract payable in gold, damages should be assessed and judgment made payable in gold. Slap/'um: v. Howe, 84 N. Y. Supr. 188. h. S0 where the referee in an action for money paid finds the amount in coin, the judgment should be for that sum pa able 111 coin, not for that amount with goi remium added, payable in currency. ild ZJMJV. 1'. 12 Aust. Silver M. Oo., 59 N. Y. 1214. Amended, 1877. Application to court for judgment by default; when necessary. VVhere the summons was personally served upon the defendant, within the State, and he has made default in appearing, or where the defendant has appeared, but has made default in pleading; and the case is not one, where the clerk can enter final judgment, as prescribed in the last two sections, the plaintiff must apply to the court for judgment. Upon the application he must file, l_if the default was in appear ing, proof of service of the summons; or, if the default was in pleading, proof of appearance, and also, if a copy of the complaint was demanded, proof of service thereof, upon the defendant's attorney; and, in either case, proof, by affidavit, of the default which entitles him to judgment. Co. Proc. 246, subd. 2. Bee 418, 421, 4'79, 520, 548. See also 777. Rum: 26.--When the plaintiff in an action in the Supreme Court is entitled to judgment, upon the failure of the defendant to answer the complaint and the...


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Product Details
  • ISBN-13: 9781230055879
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 390
  • Spine Width: 20 mm
  • Width: 189 mm
  • ISBN-10: 1230055878
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 694 gr


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The New York Code of Civil Procedure as It Is in 1890, with Notes of the Judicial Decisions Thereon or Relating Thereto; Together with the Rules of the Court of Appeals and the General Rules Volume 2
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