New York Civil Procedure Reports Volume 22

New York Civil Procedure Reports Volume 22

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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. 1892 edition. Excerpt: ...executed by one or more sureties, approved by the justice, to the effect specially prescribed in the statute. Under section 2954, if these two acts are done, that is, a written answer made containing such facts and undertaking given, the action before the justice becomes discontinued. By section 2955, "If the. undertaking is not delivered to the justice, he has jurisdiction of the action, and must proceed therein; and the defendant is precluded, in his defence, from drawing the title in question." In the record before us, the defendant failed wholly to avail himself of the provisions of the statutes by which he was enabled, if he saw fit, to oust the justice of jurisdiction and have the cause tried either in the supreme court or the county court. Failing in that, he waived all objections to the jurisdiction of the justice, and submitted his rights to that tribunal upon the question in issue raised by the pleadings, even though facts were alleged in the pleadings showing that title to real estate did, in reality, come in question. " The question of title to the real estate upon which the growing trees were was tendered to the defendant by the complaint. It was so drawn that the defendant could set up his own title in the answer, and, on giving the requisite security, oust the justice of jurisdiction"; but failing to give the security, he was precluded at the trial from drawing the title in question. Such was the provision of the Code of Procedure (Adams v. Rivers, 11 Barb. 390). So much applies, however, only to the proceedings before the justice. Upon the trial in the county court, the pla.intifi"s own testimony showed that title to real 'estate did come in question, and accordingly the cou-nty judge, acting, ...
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Product details

  • Paperback | 144 pages
  • 189 x 246 x 8mm | 268g
  • United States
  • English
  • black & white illustrations
  • 1236761308
  • 9781236761309