Clevenger's New York Practice, Being Civil Practice Act, Rules of Civil Practice, Surrogate's Court Act, New York City Court Act, New York City Municipal Court Code, Justice Court Act and Court of Claims Act: All Official Editions, as Amended in 1922 and Court Rules of Court of Appeals, Appellate Divisions, Appellate Terms and Supreme Court, Annotated Alphabetically to Show the Precise Point Decided in Every Reported New York and Federal Case Relating to Present Practice |
From inside the book
Results 1-5 of 100
Page 8
... counterclaims . 263. Time within which to answer or appear . 264. Controversy between defendants . 265. Defense of contributory negligence . Counterclaims § 266. Counterclaim defined . Reply 267. Rules respecting the allowance of ...
... counterclaims . 263. Time within which to answer or appear . 264. Controversy between defendants . 265. Defense of contributory negligence . Counterclaims § 266. Counterclaim defined . Reply 267. Rules respecting the allowance of ...
Page 12
... counterclaim established . 478. Judgment after death of party . 479. Demand as affecting amount of judgment . 480. Interest on sum awarded to be included in recovery . 481. Judgment to bear interest . 482. Effect of judgment dismissing ...
... counterclaim established . 478. Judgment after death of party . 479. Demand as affecting amount of judgment . 480. Interest on sum awarded to be included in recovery . 481. Judgment to bear interest . 482. Effect of judgment dismissing ...
Page 44
... counterclaim then existing in his favor , the remedy upon which at the time of the commencement of the action , was ... counter - claim set up ( Albany Brass Co 30 AD 76 , 51 NYS 779 ) . § 27. Effect of war on right of alien . Where a ...
... counterclaim then existing in his favor , the remedy upon which at the time of the commencement of the action , was ... counter - claim set up ( Albany Brass Co 30 AD 76 , 51 NYS 779 ) . § 27. Effect of war on right of alien . Where a ...
Page 57
... counterclaims forbidden - Equitable counterclaim : for less number of acres in farm purchased ( Gallup 132 NY 370 ) , for reforma- tion ( Halbe 176 AD 588 , 163 NYS 895 ) . Defense or counterclaim not interposed - Action to recover back ...
... counterclaims forbidden - Equitable counterclaim : for less number of acres in farm purchased ( Gallup 132 NY 370 ) , for reforma- tion ( Halbe 176 AD 588 , 163 NYS 895 ) . Defense or counterclaim not interposed - Action to recover back ...
Page 110
... counterclaim . 175. Offer to liquidate damages conditionally . 176. Effect of refusal of offer . 177. Defendant's offer to compromise ; proceedings thereon . 178. Plaintiff's offer to compromise counterclaim ; proceedings thereon . 179 ...
... counterclaim . 175. Offer to liquidate damages conditionally . 176. Effect of refusal of offer . 177. Defendant's offer to compromise ; proceedings thereon . 178. Plaintiff's offer to compromise counterclaim ; proceedings thereon . 179 ...
Common terms and phrases
9 NYS AbNC affidavit alleged amended answer appellate division application appointed assignment attachment attorney bail Barb bond breach cause of action certificate chattel Cited CivP claim clerk complaint contract copy corporation costs counterclaim court or judge damages debt default defendant defendant's deposit directing discharge docket entry evidence execution executor facts failure filed final judgment foreclosure fraud fraudulent granted guardian ad litem HowNS injunction injury interest issued Joinder 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 record recover referee replevin sentence served sheriff Smith Source CCP special proceeding specified Star statute Sub-analysis subd Supr supreme court sureties term testimony thereof tion trial trustee unchanged-Revisers undertaking vacate verdict warrant witness
Popular passages
Page 221 - ... in the course of professional employment. 3. A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Page 174 - 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 116 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Page 221 - A person, duly authorized to practice physic or surgery, 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 209 - 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.
Page 214 - ... 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 against the executor, administrator or survivor of a deceased person or the committee of a lunatic, or a person deriving his title or interest from, through or under a deceased person or lunatic, by assignment or otherwise, concerning a personal transaction or communication between the witness and the deceased person...
Page 289 - If the judgment to be confessed is for the purpose of securing the plaintiff, against a contingent liability, it must state concisely the facts, constituting the liability ; and must show, that the sum confessed therefor does not exceed the amount of the liability. The statement must be verified by the oath of the defendant, to the effect, that the matters of fact therein set forth are true.
Page 78 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 125 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Page 315 - No unanimous decision of the Appellate Division of the Supreme Court that there is evidence supporting or tending to sustain a finding of fact or a verdict not directed by the court, shall be reviewed by the Court ,of Appeals.