Clevenger's New York Practice, Being Civil Practice Act, Rules of Civil Practice, Surrogate's Court Act, New York City Court Act, New York City Municipal Court Code, Justice Court Act and Court of Claims Act: All Official Editions, as Amended in 1922 and Court Rules of Court of Appeals, Appellate Divisions, Appellate Terms and Supreme Court, Annotated Alphabetically to Show the Precise Point Decided in Every Reported New York and Federal Case Relating to Present Practice |
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Page 88
... facts ( Riggs 74 NY 370 ) , plaintiff in divorce suit to pay for defendant's support and witness and counsel fees ( Simonds 57 Hun 290 , 10 NYS 606 ) , * referee to pay balance of taxes pursuant to foreclosure judgment , on new state of ...
... facts ( Riggs 74 NY 370 ) , plaintiff in divorce suit to pay for defendant's support and witness and counsel fees ( Simonds 57 Hun 290 , 10 NYS 606 ) , * referee to pay balance of taxes pursuant to foreclosure judgment , on new state of ...
Page 152
... facts , without unnecessary repetition , on which the party pleading relies , but not the evidence by which they are to be proved . Source -Derived from English Practice Act , or- der 19 , rule 4 part , which reads : " Every pleading ...
... facts , without unnecessary repetition , on which the party pleading relies , but not the evidence by which they are to be proved . Source -Derived from English Practice Act , or- der 19 , rule 4 part , which reads : " Every pleading ...
Page 155
... facts which occurred after his former pleading or of which he was ignorant when it was made , including the judg- ment or decree of a competent court rendered after the commencement of the action determining the matters in controversy ...
... facts which occurred after his former pleading or of which he was ignorant when it was made , including the judg- ment or decree of a competent court rendered after the commencement of the action determining the matters in controversy ...
Page 165
... facts alleged entitle plain tiff to relief ( Wright 54 NY 437 ) . Statement as сару to , not required but forbidden , election required only when claims inconsistent ( Broadsky 94 Mis 312 , 158 NYS 329 ) . effect ( Dobbins 177 AD 132 ...
... facts alleged entitle plain tiff to relief ( Wright 54 NY 437 ) . Statement as сару to , not required but forbidden , election required only when claims inconsistent ( Broadsky 94 Mis 312 , 158 NYS 329 ) . effect ( Dobbins 177 AD 132 ...
Page 166
... facts ( Goodrich 14 NYS 879 : Muser 17 F 500 : Prickhardt 4 CivP 112 ) . * Where only to be in- ferred from other facts averred which are not inconsistent with opposite fact ( Jacobs 212 NY 48 , rvg 160 AD 449 , 145 NYS 611 ) ...
... facts ( Goodrich 14 NYS 879 : Muser 17 F 500 : Prickhardt 4 CivP 112 ) . * Where only to be in- ferred from other facts averred which are not inconsistent with opposite fact ( Jacobs 212 NY 48 , rvg 160 AD 449 , 145 NYS 611 ) ...
Common terms and phrases
9 NYS AbNC affidavit alleged amended answer appellate division application appointed assignment attachment attorney bail Barb bond breach cause of action certificate chattel Cited CivP claim clerk complaint contract copy corporation costs counterclaim court or judge damages debt default defendant defendant's deposit directing discharge docket entry evidence execution executor facts failure filed final judgment foreclosure fraud fraudulent granted guardian ad litem HowNS injunction injury interest issued Joinder 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 record recover referee replevin sentence served sheriff Smith Source CCP special proceeding specified Star statute Sub-analysis subd Supr supreme court sureties term testimony thereof tion trial trustee unchanged-Revisers undertaking vacate verdict warrant witness
Popular passages
Page 221 - ... in the course of professional employment. 3. A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Page 174 - 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 116 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Page 221 - A person, duly authorized to practice physic or surgery, 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 209 - 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.
Page 214 - ... otherwise, shall not be examined as a witness in his own behalf or interest, or in behalf of the party succeeding to his title or interest against the executor, administrator or survivor of a deceased person or the committee of a lunatic, or a person deriving his title or interest from, through or under a deceased person or lunatic, by assignment or otherwise, concerning a personal transaction or communication between the witness and the deceased person...
Page 289 - If the judgment to be confessed is for the purpose of securing the plaintiff, against a contingent liability, it must state concisely the facts, constituting the liability ; and must show, that the sum confessed therefor does not exceed the amount of the liability. The statement must be verified by the oath of the defendant, to the effect, that the matters of fact therein set forth are true.
Page 78 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 125 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Page 315 - No unanimous decision of the Appellate Division of the Supreme Court that there is evidence supporting or tending to sustain a finding of fact or a verdict not directed by the court, shall be reviewed by the Court ,of Appeals.