Legislative Document, Volume 40, Issue 111J.B. Lyon Company, 1919 - New York (State) |
From inside the book
Results 1-5 of 100
Page 3
... practice .. Practice in Revised Statutes . Code of Procedure of 1848 .. Code of Civil Procedure . Size of the Code .. Code amendments . Subsequent Practice Committee reports .... Report of Board of Statutory Consolidation .. Preliminary ...
... practice .. Practice in Revised Statutes . Code of Procedure of 1848 .. Code of Civil Procedure . Size of the Code .. Code amendments . Subsequent Practice Committee reports .... Report of Board of Statutory Consolidation .. Preliminary ...
Page 5
... PRACTICE To the Legislature : Since the presentation to the Legislature of 1918 of the report of the Joint Legislative Committee on the Simplification of Civil Practice in the Courts of the State , the Committee has been engaged in ...
... PRACTICE To the Legislature : Since the presentation to the Legislature of 1918 of the report of the Joint Legislative Committee on the Simplification of Civil Practice in the Courts of the State , the Committee has been engaged in ...
Page 6
... practice in the courts of the State and to investigate and inquire into all matters per- taining thereto . " The powers of the Joint Committee of the Legislature were not confined to an investigation of the report of the Board of ...
... practice in the courts of the State and to investigate and inquire into all matters per- taining thereto . " The powers of the Joint Committee of the Legislature were not confined to an investigation of the report of the Board of ...
Page 7
... practice in other jurisdictions , especially those of England , New Jersey and in the Federal Courts . Procedure for the enforcement of rights has of necessity existed since the recognition of rights and the establishment by organized ...
... practice in other jurisdictions , especially those of England , New Jersey and in the Federal Courts . Procedure for the enforcement of rights has of necessity existed since the recognition of rights and the establishment by organized ...
Page 8
... practice act and was not intended by the commissioners to be a complete system of practice . It was but a fragment of the whole work later submitted to the Legislature but not adopted ; in fact it was once referred to by David Dudley ...
... practice act and was not intended by the commissioners to be a complete system of practice . It was but a fragment of the whole work later submitted to the Legislature but not adopted ; in fact it was once referred to by David Dudley ...
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Common terms and phrases
action or special action to recover affidavit amended appeal appellate division application appointed attorney awarded Board in Costs Board's proposed Civil bond cause of action certified change of substance chattel Civil Rights Law claim clerk Code committee complaint copy Costs Law counterclaim county clerk court of record court or judge creditor decedent decree defendant delivered deposition direct discharge effect entitled Estate Law execution executor or administrator fees filed final judgment granted guardian habeas corpus hundred Included by Board infant interest judgment debtor jurisdiction jury justice last section last sentence letters testamentary lien ment mortgage motion notice Omitted by Board payment personal property petition plaintiff pleading Practice Act proof provisional remedy provisions Real Property Law rendered resident served sheriff special proceeding specified statute subd subdivision summons supreme court sureties surrogate surrogate's court therein thereof thereto thereupon tion trial undertaking warrant of attachment writ
Popular passages
Page 183 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 1221 - ... another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence (g 2.) Every other remedy is a special proceeding.
Page 964 - 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 923 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 461 - ... the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking...
Page 151 - ... 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 970 - The affidavit of verification must be to the effect that the pleading is true to the knowledge of the deponent except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Page 326 - After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.
Page 156 - All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...
Page 459 - State, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...