Parsons' Practice Manual of the State of New YorkBaker, Voorhis & Company, 1921 - Civil procedure |
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Page 62
... thereof . Upon a breach of the condition of any such bond , the court must direct it to be prosecuted for the benefit of the person injured . Derivation . See general rule of practice 51 as to bond of guardian ad litem of infant , and ...
... thereof . Upon a breach of the condition of any such bond , the court must direct it to be prosecuted for the benefit of the person injured . Derivation . See general rule of practice 51 as to bond of guardian ad litem of infant , and ...
Page 63
... thereof , may make and file such account with like force and effect as though made and filed by such principal , and upon the settlement thereof credit shall be given for all commissions , costs , disbursements , and allowances to which ...
... thereof , may make and file such account with like force and effect as though made and filed by such principal , and upon the settlement thereof credit shall be given for all commissions , costs , disbursements , and allowances to which ...
Page 92
... thereof . But it is revoked earlier by the death or legal incompetency of either of the parties thereto , or by the filing of a revocation thereof , or of the consent , executed and acknowledged in like manner . The clerk must file and ...
... thereof . But it is revoked earlier by the death or legal incompetency of either of the parties thereto , or by the filing of a revocation thereof , or of the consent , executed and acknowledged in like manner . The clerk must file and ...
Page 122
... thereof exceeding fifty dollars in amount , shall be claimed or de- manded by adverse claimants , the debtor may bring suit in any court having jurisdiction thereof and of the parties demanding judgment of interpleader and and that the ...
... thereof exceeding fifty dollars in amount , shall be claimed or de- manded by adverse claimants , the debtor may bring suit in any court having jurisdiction thereof and of the parties demanding judgment of interpleader and and that the ...
Page 129
... thereof may be offered and received in evidence in addition to the use thereof by a witness to refresh his memory . ( Am . by L. 1921 , ch . 199 , in effect Oct. 1 , 1921. ) Derivation . - Substance of part of second sentence of code ...
... thereof may be offered and received in evidence in addition to the use thereof by a witness to refresh his memory . ( Am . by L. 1921 , ch . 199 , in effect Oct. 1 , 1921. ) Derivation . - Substance of part of second sentence of code ...
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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...