Parsons' and Clevenger's Annual Practice Manual of New YorkBaker, Voorhis & Company, 1924 |
From inside the book
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Page 24
... payment ( Jacobs 179 AD 163 , 166 NYS 88 ) . Rule of evidence ( Brinkman 175 AD 372 , 161 NYS 965 ) . Statute of limitations ( Grannis 76 Mis 484 , 135 NYS 588 ; Gray 53 Hun 611 , 6 NYS 802 ) . 19 deducting time of absence from state ...
... payment ( Jacobs 179 AD 163 , 166 NYS 88 ) . Rule of evidence ( Brinkman 175 AD 372 , 161 NYS 965 ) . Statute of limitations ( Grannis 76 Mis 484 , 135 NYS 588 ; Gray 53 Hun 611 , 6 NYS 802 ) . 19 deducting time of absence from state ...
Page 28
... payment in joint adventure ( Merino 5 AD 71. 38 NYS 678 ) , proceeds of sale in hands of creditor as mortgagee ( Mills 48 Hun 97 ) . proceeds of stolen bonds ( Lightfoot 198 NY 261 ) . Partnership ( Gilmore 142 NY 1 ; Gray NYS 451 ) ...
... payment in joint adventure ( Merino 5 AD 71. 38 NYS 678 ) , proceeds of sale in hands of creditor as mortgagee ( Mills 48 Hun 97 ) . proceeds of stolen bonds ( Lightfoot 198 NY 261 ) . Partnership ( Gilmore 142 NY 1 ; Gray NYS 451 ) ...
Page 29
... payment , set - off , or cross demand ( Fennell 24 Mis 728. 53 NYS 797 ) . * Use of horses . where owner collected bills weekly and never mentioned general account to defendant ( Crow 141 NY 493 ) . * Wagon repairs , items on one side ...
... payment , set - off , or cross demand ( Fennell 24 Mis 728. 53 NYS 797 ) . * Use of horses . where owner collected bills weekly and never mentioned general account to defendant ( Crow 141 NY 493 ) . * Wagon repairs , items on one side ...
Page 30
... payment of principal or interest . Source CCP § 395 , substance unchanged - Re- | 466 ; Lorillard 107 F 677 ) , promising to pay visers Note . Star ( * ) means read Not into note heading . Acknowledgment - Account stated ( Delabarre 92 ...
... payment of principal or interest . Source CCP § 395 , substance unchanged - Re- | 466 ; Lorillard 107 F 677 ) , promising to pay visers Note . Star ( * ) means read Not into note heading . Acknowledgment - Account stated ( Delabarre 92 ...
Page 69
... PAYMENT INTO AND OUT OF COURT 133. Party bringing money into court is discharged . 134. Payment into court . 135. Title to court funds . 136. Disposition of court funds . 137. Funds or property not to be surrendered without order . 133 ...
... PAYMENT INTO AND OUT OF COURT 133. Party bringing money into court is discharged . 134. Payment into court . 135. Title to court funds . 136. Disposition of court funds . 137. Funds or property not to be surrendered without order . 133 ...
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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 corporation costs counterclaim creditor damages debt 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 judgment or order 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 sufficient 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.