Clevenger's Supreme Court Practice: Being Civil Practice Act and Rules of Civil Practice of New York, as Amended in 1921, and Court Rules of Court of Appeals, Appellate Divisions, Appellate Terms and Supreme Court, Annotated Alphabetically to Show the Precise Point Decided in Every New York and Federal Reported Case Relating to Present Practice
"From the former U.S. Assistant Secretary of Education, "whistleblower extraordinaire" (The Wall Street Journal), one of the foremost authorities on education and the history of education in the United States, author of the best-selling The Death and Life of the Great American School System; The Language Police ("Impassioned . . . Fiercely argued . . . Every bit as alarming as it is illuminating" --The New York Times); and the now-classic Great School Wars: A History of the New York City Public Schools--an incisive, comprehensive look at today's American public schools that argues persuasively against those who claim our public school system is broken, beyond repair, and obsolete; an impassioned but reasoned call to stop the rising "privatization movement" draining students--and funding--from our public schools, a book that puts forth a detailed plan of what needs to happen to schools and with public policy to insure the survival of this American institution so basic to our democracy"--
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action affidavit alleged amended amount answer appeal application appointed arrest assignment attachment attorney authorized bond cause cause of action certificate Cited CivP claim clerk complaint contract copy corporation costs counterclaim court creditor damages death debt debtor defendant deposit directing discharge effect evidence examination execution facts failure filed final fraud given granted injunction injury interest issued judge judgment jury levy lien limited matter means read ment mortgage motion necessary note heading notice officer party payment person plaintiff pleading possession prescribed proceedings proof provision purchase question real property receiver record recover referee residence rule sentence served sheriff Source-CCP specified Star statute sufficient summons supreme court sureties taken term thereof tion trial trustee undertaking vacate verdict warrant witness
Page 124 - 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 135 - 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.
Page 172 - 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 406 - ... of the latter, before a judge of the court, or a county judge, at a specified time and place ; the time to be not less than five nor more than ten days thereafter, and the place to be within the county where one of the bail resides, or where the defendant was arrested.
Page 348 - ... on presentation of such execution by the officer to whom deli vered for collection to the person or persons from whom such wages, debts, earnings, salary, income from trust funds or profits...
Page 118 - 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 414 - ... when during the litigation it appears that the defendant is doing or threatens or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
Page 85 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 136 - ... against him ; but the court may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no interest.