Parsons' and Clevenger's Annual Practice Manual of New YorkBaker, Voorhis & Company, 1924 - Civil procedure |
From inside the book
Results 1-5 of 99
Page 48
... answer or demur ( Brooks 36 Hun 70 ) , to answer or move ( Peart 48 Hun 79 ) , collusive stipulation ( Havemeyer 13 NYS 873 ) . For : receiver to file consent to accept sum in gross ( Wood 3 AD 318. 38 NYS 196 ) . sureties to justify ...
... answer or demur ( Brooks 36 Hun 70 ) , to answer or move ( Peart 48 Hun 79 ) , collusive stipulation ( Havemeyer 13 NYS 873 ) . For : receiver to file consent to accept sum in gross ( Wood 3 AD 318. 38 NYS 196 ) . sureties to justify ...
Page 49
... answer : ex- riades to demur or move ( Ruland 175 NYS 467 : Landmesser 157 AD 74 , 141 NYS 730 ; Broad- and 4 How 308 ) , or demur excludes to move Brooks 36 Hun 70 ) . extends time to appear Laitaner 177 NY 233 , afg 88 AD 274 , 85 NY ...
... answer : ex- riades to demur or move ( Ruland 175 NYS 467 : Landmesser 157 AD 74 , 141 NYS 730 ; Broad- and 4 How 308 ) , or demur excludes to move Brooks 36 Hun 70 ) . extends time to appear Laitaner 177 NY 233 , afg 88 AD 274 , 85 NY ...
Page 130
... answer [ or a notice of motion raising an objection to the complaint in point of law . ] A voluntary general appearance of the defendant is equivalent to personal service of the summons upon him . Source CCP $ 421 , first sentence ...
... answer [ or a notice of motion raising an objection to the complaint in point of law . ] A voluntary general appearance of the defendant is equivalent to personal service of the summons upon him . Source CCP $ 421 , first sentence ...
Page 131
... answer ( Paine 38 AD 68 , 55 NYS 71 ) . Opposing injunction on merits ( Metal 172 NYS 273 , afd 175 NYS 912 ) . Partner named but not served may serve notice of appearance ( Mc- Loughlin 26 Mis 143 , 56 NYS 805 ) . Placing hame and ...
... answer ( Paine 38 AD 68 , 55 NYS 71 ) . Opposing injunction on merits ( Metal 172 NYS 273 , afd 175 NYS 912 ) . Partner named but not served may serve notice of appearance ( Mc- Loughlin 26 Mis 143 , 56 NYS 805 ) . Placing hame and ...
Page 132
... answer raising plea of jurisdiction ( * De Simone 200 AD 82 , 192 NYS 815 , sc 199 AD 602 , 191 NYS 864 ) . Notice of appearance : demanding copy of complaint and all other papers , time to answer extended by stipulation ( Gardner 117 ...
... answer raising plea of jurisdiction ( * De Simone 200 AD 82 , 192 NYS 815 , sc 199 AD 602 , 191 NYS 864 ) . Notice of appearance : demanding copy of complaint and all other papers , time to answer extended by stipulation ( Gardner 117 ...
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Common terms and phrases
9 NYS AbNC ACT IN EFFECT affidavit alleged amended answer appeal appellate division application appointed arrest assignment attachment attorney bail Barb bond breach cause of action certificate Cited CIVIL PRACTICE ACT CivP claim clerk complaint contract corporation costs counterclaim creditor damages debt defendant defendant's demurrer deposit directing evidence execution executor facts failure filed final judgment foreclosure fraud fraudulent granted injunction injury issued joinder judge judgment creditor 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 recover referee replevin residence sentence served sheriff Smith Source CCP special proceeding specified Star statute subd sufficient summons Supr supreme court sureties term testimony thereof tion trial trustee unchanged-Revisers undertaking vacate verdict witness
Popular passages
Page 215 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, 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 98 - 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 92 - 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 158 - 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 111 - 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 53 - ... and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 102 - ... 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 305 - ... 1. Where the appellant is an executor, administrator, trustee, or other person acting in another's right, the security may be dispensed with or limited, in the discretion of the court.
Page 56 - Where the appellant, seasonably and in good faith, serves the notice of appeal, either upon the clerk or upon the adverse party, or his attorney, but omits, through mistake, inadvertence, or excusable neglect, to serve it upon the other, or to do any other act, necessary to perfect the appeal, or to stay the execution of the judgment or order appealed from...
Page 201 - 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.