Parsons' and Clevenger's Annual Practice Manual of New YorkBaker, Voorhis & Company, 1924 - Civil procedure |
From inside the book
Results 1-5 of 100
Page 51
... levy Harad 66 How 100 ; PxEmpire 174 AD 384 , on property of defendant located in third party's NYS 241 : Stubbs 39 Hun 62e ) . Judgment house , where sheriff took no steps to make levy Page 158 AD 419 , 143 NYS 667 ) . Mandamus ...
... levy Harad 66 How 100 ; PxEmpire 174 AD 384 , on property of defendant located in third party's NYS 241 : Stubbs 39 Hun 62e ) . Judgment house , where sheriff took no steps to make levy Page 158 AD 419 , 143 NYS 667 ) . Mandamus ...
Page 52
... levy ( An- sonia 74 NY 395 ) . Wrongful execution , Nathan Instead of " John " Goldberg ( Goldberg 94 AD 237 , 87 NYS 1045 ) , levy of goods of third per- son ( See Bealls 8 John 52 ) , release of property attached ( Flack 153 NY 621 ) ...
... levy ( An- sonia 74 NY 395 ) . Wrongful execution , Nathan Instead of " John " Goldberg ( Goldberg 94 AD 237 , 87 NYS 1045 ) , levy of goods of third per- son ( See Bealls 8 John 52 ) , release of property attached ( Flack 153 NY 621 ) ...
Page 77
... ( Levy 13 NYS 560 ) . Criminal pro- Justices ' Civil arrest : adding Hun 445 , 23 NYS 447 ) . Who may object to form - Obligee on appeal bond ( Denike 61 AD 492 , 70 NYS 629 ) . Sureties ( Sle- bert 95 AD 566 , 86 NYS 993 ) . Proper ...
... ( Levy 13 NYS 560 ) . Criminal pro- Justices ' Civil arrest : adding Hun 445 , 23 NYS 447 ) . Who may object to form - Obligee on appeal bond ( Denike 61 AD 492 , 70 NYS 629 ) . Sureties ( Sle- bert 95 AD 566 , 86 NYS 993 ) . Proper ...
Page 87
... Levy 16 NYS 620 ; Braumann 26 Mis 786 , 56 NYS 115 ) . Payment back into court to abide court of action of money which plaintiffs had previously received from defendants predecessor in title , proper where defendant claimed an equitable ...
... Levy 16 NYS 620 ; Braumann 26 Mis 786 , 56 NYS 115 ) . Payment back into court to abide court of action of money which plaintiffs had previously received from defendants predecessor in title , proper where defendant claimed an equitable ...
Page 128
... levy before order for publication signed necessary : in action in personam or for money judgment ( Dimmerling 236 NY 43 , 139 NE 774 ) . Attachment levy not made : action in per- sonam ( Rich 205 AD 24 , 199 NYS 149 , dis- tinguishing ...
... levy before order for publication signed necessary : in action in personam or for money judgment ( Dimmerling 236 NY 43 , 139 NE 774 ) . Attachment levy not made : action in per- sonam ( Rich 205 AD 24 , 199 NYS 149 , dis- tinguishing ...
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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.