Parsons' and Clevenger's Annual Practice Manual of New YorkBaker, Voorhis & Company, 1924 |
From inside the book
Results 1-5 of 100
Page 35
... complaint reducing demand to jurisdictional amount , permit ( Heffron 66 AD 443 , 73 NYS 410 ) . ' Appointment of ccmmittee for lunatic , where fading of inquisition authorizes appointment , to dismiss proceedings for ( Wells 57 AD 5 ...
... complaint reducing demand to jurisdictional amount , permit ( Heffron 66 AD 443 , 73 NYS 410 ) . ' Appointment of ccmmittee for lunatic , where fading of inquisition authorizes appointment , to dismiss proceedings for ( Wells 57 AD 5 ...
Page 54
... complaint , RCP 108 , 110 ; after motion to correct pleading , RCP 102 ; after motion to strike out matter in plead- ing , RCP 103 ; after trial commenced , RCP 166 ; amendment by leave of court before , on or after trial , CPA § 105 ...
... complaint , RCP 108 , 110 ; after motion to correct pleading , RCP 102 ; after motion to strike out matter in plead- ing , RCP 103 ; after trial commenced , RCP 166 ; amendment by leave of court before , on or after trial , CPA § 105 ...
Page 61
... complaint and issue supplemental AFFIRMATIVE summons : ( Hernandez 119 NYS 277 ) . Amended and Mis 824 , 198 ( Markowitz 119 Mis 609 , 196 NYS 828 ) . Complaint inartificial : supplemental complaint : omnibus motion proper ( 137 E 66th ...
... complaint and issue supplemental AFFIRMATIVE summons : ( Hernandez 119 NYS 277 ) . Amended and Mis 824 , 198 ( Markowitz 119 Mis 609 , 196 NYS 828 ) . Complaint inartificial : supplemental complaint : omnibus motion proper ( 137 E 66th ...
Page 64
... COMPLAINT SUFFICIENT- Copy of complaint : ( Fromer 121 Mis 5 Date of verification : day after date of sum- 201 NYS 308 ) . § 121. Effect of notice . Where a notice of the pendency of an action may be fil the pendency of the action is ...
... COMPLAINT SUFFICIENT- Copy of complaint : ( Fromer 121 Mis 5 Date of verification : day after date of sum- 201 NYS 308 ) . § 121. Effect of notice . Where a notice of the pendency of an action may be fil the pendency of the action is ...
Page 90
... complaint for neglect to serve summons . 181. Dismissal of complaint for neglect to proceed . § 180. Dismissal of complaint for neglect to serve summons . Where , in an action against two or more defendants , the plaintiff unreasonably ...
... complaint for neglect to serve summons . 181. Dismissal of complaint for neglect to proceed . § 180. Dismissal of complaint for neglect to serve summons . Where , in an action against two or more defendants , the plaintiff unreasonably ...
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Common terms and phrases
9 NYS AbNC ACT IN EFFECT affidavit alleged amended answer appeal appellate division application appointed arrest assignment attachment attorney bail Barb bond breach cause of action certificate Cited CIVIL PRACTICE ACT CivP claim clerk complaint contract copy corporation costs counterclaim creditor damages debt default defendant defendant's demurrer deposit directing evidence execution executor facts failure filed final judgment foreclosure fraud fraudulent granted injunction injury issued joinder judge judgment creditor judgment debtor jury levy liability lien means read mechanic's lien ment mortgage motion note heading notice officer party payment pending person plaintiff pleading prescribed proof provision purchase real property realty recover referee replevin residence sentence served sheriff Smith Source CCP special proceeding specified Star statute subd summons Supr supreme court sureties term testimony thereof tion trial trustee unchanged-Revisers undertaking vacate verdict witness
Popular passages
Page 215 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient, in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 98 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Page 92 - For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property.
Page 158 - The answer of the defendant must contain: 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 defense or counterclaim, in ordinary and concise language without repetition.
Page 111 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable according to their respective liabilities, without any amendment.
Page 53 - ... and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 102 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Page 305 - ... 1. Where the appellant is an executor, administrator, trustee, or other person acting in another's right, the security may be dispensed with or limited, in the discretion of the court.
Page 56 - Where the appellant, seasonably and in good faith, serves the notice of appeal, either upon the clerk or 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...
Page 201 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.