Parsons' and Clevenger's Annual Practice Manual of New YorkBaker, Voorhis & Company, 1924 - Civil procedure |
From inside the book
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Page 10
... ment creditors suit . on return nulla bona ( Bergmann 194 NY 70 , 86 NE 828 ; Christensen 36 Hun 334 ) , against decedent's estate , on re- covery of judgment ( Kendrick's 15 AьNC 189 , Source CCP § 415 unchanged - Revisers ' Note ...
... ment creditors suit . on return nulla bona ( Bergmann 194 NY 70 , 86 NE 828 ; Christensen 36 Hun 334 ) , against decedent's estate , on re- covery of judgment ( Kendrick's 15 AьNC 189 , Source CCP § 415 unchanged - Revisers ' Note ...
Page 13
... ment ( Jacobs 179 AD 163 , 166 NYS 88 ) , on note ( Hall 64 Hun 394 , 19 NYS 623 ) , to charge stockholders individually ( Skinner 188 AD 457 . 177 NYS 143 ) , to foreclose mechanic's lien ( Selwyn 184 AD 355. 170 NYS 491 ) , to recover ...
... ment ( Jacobs 179 AD 163 , 166 NYS 88 ) , on note ( Hall 64 Hun 394 , 19 NYS 623 ) , to charge stockholders individually ( Skinner 188 AD 457 . 177 NYS 143 ) , to foreclose mechanic's lien ( Selwyn 184 AD 355. 170 NYS 491 ) , to recover ...
Page 27
... ment ( Smith 86 Mis 259 , 148 NYS 448 ) . By superintendent of banks to enforce liability ( Skin- ner 188 AD 457 , 177 NYS 143 ) , of non - resident stockholder ( Richards 261 F 724 ) . See Howarth 162 NY 179 . Action for taking ...
... ment ( Smith 86 Mis 259 , 148 NYS 448 ) . By superintendent of banks to enforce liability ( Skin- ner 188 AD 457 , 177 NYS 143 ) , of non - resident stockholder ( Richards 261 F 724 ) . See Howarth 162 NY 179 . Action for taking ...
Page 32
... ment to use patent ( Denise 142 NY 602 ) . strain printing uncopyrighted , unpublished ma uscript ( Palmer 47 NY 532 ) . Specific perfor ance of contract to convey land ( Rockland 20 NY 469 ) . * Trespass on lands without the sta ...
... ment to use patent ( Denise 142 NY 602 ) . strain printing uncopyrighted , unpublished ma uscript ( Palmer 47 NY 532 ) . Specific perfor ance of contract to convey land ( Rockland 20 NY 469 ) . * Trespass on lands without the sta ...
Page 33
... ment of ari : 2. To administer an oath to a witness , in the exercise of the powers and duties of the court . 3. To devise and make new process and forms of proceedings , necessary to carry nto effect the powers and jurisdiction ...
... ment of ari : 2. To administer an oath to a witness , in the exercise of the powers and duties of the court . 3. To devise and make new process and forms of proceedings , necessary to carry nto effect the powers and jurisdiction ...
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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.