Parsons' Practice Manual of the State of New YorkBaker, Voorhis & Company, 1921 - Civil procedure |
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Page xii
... defendant , or that he had some other good and sufficient excuse for his non - compliance . ( C. P. A. § 327 :) The other section provides that the court may make an order on application of any party re- quiring any other party to state ...
... defendant , or that he had some other good and sufficient excuse for his non - compliance . ( C. P. A. § 327 :) The other section provides that the court may make an order on application of any party re- quiring any other party to state ...
Page 1
... defendant , within the meaning of any provision of this act which limits the time for commencing an action , when the summons is served on him or on a co - defendant who is a joint contractor or otherwise united in interest with him ...
... defendant , within the meaning of any provision of this act which limits the time for commencing an action , when the summons is served on him or on a co - defendant who is a joint contractor or otherwise united in interest with him ...
Page 69
... defendant or his attorney , at any time before the trial , may tender to the plain- tiff or his attorney such a sum of money as he conceives to be sufficient to make amends for the injury or to pay the plaintiff's demand , together with ...
... defendant or his attorney , at any time before the trial , may tender to the plain- tiff or his attorney such a sum of money as he conceives to be sufficient to make amends for the injury or to pay the plaintiff's demand , together with ...
Page 70
... defendant shall file therewith a memorandum specifying the por- tion thereof deposited on account of costs . If ... defendant may move for a judgment dismissing the complaint , without costs . Where money constituting a tender shall have ...
... defendant shall file therewith a memorandum specifying the por- tion thereof deposited on account of costs . If ... defendant may move for a judgment dismissing the complaint , without costs . Where money constituting a tender shall have ...
Page 71
... defendants , and the action can be severed , a like offer may be made by one or more defendants against whom a separate judgment may be taken . If the plaintiff , within ten days thereafter , serve upon the defendant's attorney a ...
... defendants , and the action can be severed , a like offer may be made by one or more defendants against whom a separate judgment may be taken . If the plaintiff , within ten days thereafter , serve upon the defendant's attorney a ...
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Common terms and phrases
12 Misc 26 Misc 2d sentence action or special affd affg affidavit amended appellate division application Assn attorney bail Bank Barb cause of action certificate change of substance chattel City civil practice clerk code civ code of proc complaint corporation counterclaim court or judge Decedent estate defendant deposit Derivation.-Code civ direct discharge effect entitled ex rel execution filed final judgment granted habeas corpus issued judgment debtor judgment or order Judiciary jury last sentence Levy lien Matter motion N. Y. C. Ct N. Y. Supp notice officer omitted originally revised party payment plaintiff pleading prescribed prisoner proof provisions real property reference repealed revd revg revised from code revised from R. S. Rules of civil sheriff Smith special proceeding specified subd summons supreme court sureties Surr therein thereof trial undertaking warrant of attachment writ York
Popular passages
Page 77 - 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 1 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 109 - 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 84 - 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 72 - 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 1 - If an action is commenced within the time limited therefor, and a judgment therein is reversed on appeal, without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits ; the plaintiff, or, if he dies, and the cause of action survives, his representative, may commence a new action for the same cause, after the expiration of the time so limited, and...
Page 434 - Within the age of twenty-one years ; or 2. Insane ; or 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life ; or 4.
Page 246 - After the expiration of one year from the death of a party, against whom a final judgment for a sum of money, or directing the payment of a sum of money is rendered, the judgment may be enforced by execution against any property upon which it is a lien with like effect as if the judgment debtor was still living.
Page 157 - ... contained in a book or publication purporting or proved to have been published by the authority thereof, or proved to be commonly admitted as evidence of the existing law in the judicial tribunals thereof, is presumptive evidence of the statute, law, proclamation, edict, decree or ordinance.
Page 143 - Upon the trial of an action, or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through or under whom such a party or Interested person derives his interest or title, by assignment or 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...