Parsons' Practice Manual of the State of New YorkBaker, Voorhis & Company, 1921 - Civil procedure |
From inside the book
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Page lxxx
... Attorney's oath and certificate . Attorneys residing in adjoining states . Clerks not to practice . Court officers ... attorney , notice . Removal effective in all courts . Punishment of attorney for deceit . Punishment for wilful delay ...
... Attorney's oath and certificate . Attorneys residing in adjoining states . Clerks not to practice . Court officers ... attorney , notice . Removal effective in all courts . Punishment of attorney for deceit . Punishment for wilful delay ...
Page lxxxvi
... attorney - general to annul cor- poration when legislature directs . Action by attorney - general to annul cor- poration by leave of court . Notice of application for leave to commence action . Jury trial . Injunction and receiver in ...
... attorney - general to annul cor- poration when legislature directs . Action by attorney - general to annul cor- poration by leave of court . Notice of application for leave to commence action . Jury trial . Injunction and receiver in ...
Page 55
... attorney of the said people , state officer or board of state officers or attorney for the plaintiffs in such action or special proceeding has given notice , at the time of the service of the notice of trial or argument , of the ...
... attorney of the said people , state officer or board of state officers or attorney for the plaintiffs in such action or special proceeding has given notice , at the time of the service of the notice of trial or argument , of the ...
Page 71
... attorney a written offer to allow judgment to be taken against him for a sum , or property , or to the effect , therein specified , with costs . If there be two or more defendants , and the action can be severed , a like offer may be ...
... attorney a written offer to allow judgment to be taken against him for a sum , or property , or to the effect , therein specified , with costs . If there be two or more defendants , and the action can be severed , a like offer may be ...
Page 90
... attorney - general , who may appear in behalf of the people . The delivery of a copy of the summons to a deputy attorney - general in person at the office of the attorney - general shall be equivalent to personal service on the attorney ...
... attorney - general , who may appear in behalf of the people . The delivery of a copy of the summons to a deputy attorney - general in person at the office of the attorney - general shall be equivalent to personal service on the attorney ...
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Common terms and phrases
12 Misc 26 Misc 2d sentence action or special affd affg affidavit amended appellate division application Assn 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 warrant of attachment writ York
Popular passages
Page 77 - 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 1 - 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 109 - 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 84 - 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 72 - 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 1 - 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 434 - 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 246 - After the expiration of one year from the death of a party, against whom a final judgment for a sum of money, or directing the payment of a sum of money is rendered, the judgment may be enforced by execution against any property upon which it is a lien with like effect as if the judgment debtor was still living.
Page 157 - ... 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 143 - 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...