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 |
From inside the book
Results 1-5 of 100
Page 75
... Filing papers in an action . ARTICLE 7 FILING PAPERS 101. Filing papers in a special proceeding . $ 100. Filing papers in an action . The summons and each pleading in an action must be filed with the clerk by the party in whose behalf ...
... Filing papers in an action . ARTICLE 7 FILING PAPERS 101. Filing papers in a special proceeding . $ 100. Filing papers in an action . The summons and each pleading in an action must be filed with the clerk by the party in whose behalf ...
Page 90
... filed . the pendency of the action is constructive notice , from the time of so filing the notice only , to a purchaser or incumbrancer of the property affected thereby , from or against a defendant with respect to whom the notice is ...
... filed . the pendency of the action is constructive notice , from the time of so filing the notice only , to a purchaser or incumbrancer of the property affected thereby , from or against a defendant with respect to whom the notice is ...
Page 91
... filed ( Albro 5 AD 309 , 39 NYS 215 ) . Not parties to action claiming adversely ( Jay- cox 17 AD 146 , 45 NYS 299 ) . * Nullity : pro- ceedings for sale of decedent's real estate to pay debts ( Olyphant 48 AD 1 , 62 NYS 688 , afd 166 ...
... filed ( Albro 5 AD 309 , 39 NYS 215 ) . Not parties to action claiming adversely ( Jay- cox 17 AD 146 , 45 NYS 299 ) . * Nullity : pro- ceedings for sale of decedent's real estate to pay debts ( Olyphant 48 AD 1 , 62 NYS 688 , afd 166 ...
Page 120
... filed in the action and certified copies of all minutes and entries re- lating thereto , which must be filed , entered , or recorded , as the case requires , in the office of the last named clerk . Source CCP § 988 unchanged - Revisers ...
... filed in the action and certified copies of all minutes and entries re- lating thereto , which must be filed , entered , or recorded , as the case requires , in the office of the last named clerk . Source CCP § 988 unchanged - Revisers ...
Page 230
... filed , [ and in the case of reports of the United States weather bureau when certified under the seal of the department of agri- culture ] , that the same is a true copy of such record , may be read in evidence in any court of this ...
... filed , [ and in the case of reports of the United States weather bureau when certified under the seal of the department of agri- culture ] , that the same is a true copy of such record , may be read in evidence in any court of this ...
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.