Parsons' Practice Manual of the State of New YorkBaker, Voorhis & Company, 1921 - Civil procedure |
From inside the book
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Page xi
... party by providing that a party having an attorney may so appear to act in person in the action with the consent of the court . ( C. P. A. § 236. ) Additional Counterclaims Code section 501 specifying the cases in which a counterclaim ...
... party by providing that a party having an attorney may so appear to act in person in the action with the consent of the court . ( C. P. A. § 236. ) Additional Counterclaims Code section 501 specifying the cases in which a counterclaim ...
Page xii
... party desiring the testimony may use any affidavit , informal or otherwise , which is sufficient to sustain his right , the same as upon any other motion in an action . The moving party may also produce affidavits . Either party may ...
... party desiring the testimony may use any affidavit , informal or otherwise , which is sufficient to sustain his right , the same as upon any other motion in an action . The moving party may also produce affidavits . Either party may ...
Page 31
... party , the court , in its discretion , upon notice to such persons as it directs , and upon the application of the adverse party , or of a person whose interest is affected , may direct that the action abate , unless it is continued by ...
... party , the court , in its discretion , upon notice to such persons as it directs , and upon the application of the adverse party , or of a person whose interest is affected , may direct that the action abate , unless it is continued by ...
Page 38
... party must be sworn by the presiding officer and examined orally in the presence of the jury . A witness who testifies falsely upon such an examination is guilty of perjury in a like case and is punishable in like manner as upon the ...
... party must be sworn by the presiding officer and examined orally in the presence of the jury . A witness who testifies falsely upon such an examination is guilty of perjury in a like case and is punishable in like manner as upon the ...
Page 55
... party may then move the trial or argument ; otherwise it shall not be moved out of its order at that term except by the special order of the court . 2. An action or special proceeding in which The City of New York is a party , where a ...
... party may then move the trial or argument ; otherwise it shall not be moved out of its order at that term except by the special order of the court . 2. An action or special proceeding in which The City of New York is a party , where 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...