The New York Code of civil procedure, as amended to, and including, 1889; twenty-two chapters complete in one volume with references to code decisions to July 1, 1889 - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 Excerpt: ... action for a penalty, incurred by the person ao fined, by reason of his refusal or neglect to perform the duty so enjoined. ARTICLE FIFTH. The Writ or Prohibition. 2091. Kinds of writ; how granted motion to quash or set aside 2C92. When writ granted at special writ. term. S 2098. Return by party ˇ proceeding« 2093. И.; «t general term of the eu-when he adopts judge's re preme court. turn. 2094. Alternative writmust issue first; 3009. Proceedings after return; trial its contents. by jury. 2095. Id.; when returnable; how 2100. Final order; costs. eerved. 2'01. Appeala. 2096. Absolute writ issues, unless re-Й102. Stay of proceedings; enlarge turn mode. ment of time. 2097. Legal objections, how taken; g 2091. A writ of prohibition is either alternative or absolute. The alternative writ may be granted upon an affidavit, or other written proof, showing a proper ease therefor, and either with or without previous no-tic« »1 the application, as the court thinks proper. S 2092. Except «-here special provision therefor is otherwise made in this article, an alternative writ of prohibition can be grunted only at » special term of the court. In the supreme court, the special term must be one held within the judicial district, embracing the county, wherein the action is triable, or the special proceeding is brought, in the course of which the matter, sought to be prohibited by the writ, originated. § 2093. An alternative writ of prohibition may be granted at a general term of the supreme court only, directed generally to any judge holding, or to hold, a special term of the ваше court, or directed to one or more judges of the same court, named therein, in any cuse where such a writ may be issued o...
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