Parsons' Practice Manual of the State of New YorkBaker, Voorhis & Company, 1922 - Civil procedure |
From inside the book
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Page 23
... justice of supreme court . Any justice of the supreme court has power to hold a special or trial term of the supreme court in any county for the whole or any portion of the term , and to act upon any business which regularly comes ...
... justice of supreme court . Any justice of the supreme court has power to hold a special or trial term of the supreme court in any county for the whole or any portion of the term , and to act upon any business which regularly comes ...
Page 51
... justice out of court . An order made by a justice of the supreme court , out of court , shall not be void on the ground that a statute or rule , in terms or in effect , requires the motion therefor to be made to , or authorizes the ...
... justice out of court . An order made by a justice of the supreme court , out of court , shall not be void on the ground that a statute or rule , in terms or in effect , requires the motion therefor to be made to , or authorizes the ...
Page 158
... justice of the peace , within the state , sub- scribed by him , and authenticated by a certificate of the clerk of the county in which the justice resides , under his hand and official seal , to the effect that the person subscribing ...
... justice of the peace , within the state , sub- scribed by him , and authenticated by a certificate of the clerk of the county in which the justice resides , under his hand and official seal , to the effect that the person subscribing ...
Page 159
... justice of adjoining state . 1. A transcript from the docket - book of a justice of the peace within an adjourning state , of a judgment rendered by him ; a transcript of his minutes of the proceedings in the cause , previous to the ...
... justice of adjoining state . 1. A transcript from the docket - book of a justice of the peace within an adjourning state , of a judgment rendered by him ; a transcript of his minutes of the proceedings in the cause , previous to the ...
Page 163
... justice . of the peace ; or to a witness subpoenaed to attend a court held by a justice of the peace ; or to a case where special provision is otherwise made by law for compelling the attend- ance of a witness . Derivation . - Code civ ...
... justice . of the peace ; or to a witness subpoenaed to attend a court held by a justice of the peace ; or to a case where special provision is otherwise made by law for compelling the attend- ance of a witness . Derivation . - Code civ ...
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Common terms and phrases
12 Misc 1st two sentences 26 Misc 2d sentence action or special affd affg affidavit amended appellate division application 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 writ York
Popular passages
Page 84 - All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...
Page 111 - 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 3 - 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 436 - 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 11 - 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 74 - 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 3 - ... from the time, when the right to make the demand is complete; except in one of the following cases: 1. Where the right grows out of the receipt or detention of money or property, by an agent, trustee, attorney, or other person acting in a fiduciary capacity, the time must be computed from the time, when the person, having the right to make the demand, has actual knowledge of the facts, upon which that right depends.
Page 159 - ... 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 145 - 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...
Page 109 - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.