Annual Report of the Commissioners of Statutory Revision of the State of New York. Transmitted to the Legislature April 5, 1900, Volume 1James B. Lyon, State Printer, 1900 - Civil procedure |
From inside the book
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Page 33
... notice of appearance , or a copy of a demurrer or of A notice or pleading , so served , must be subscribed by the defendant's attorney , who must add to his signature his office address , with the particulars prescribed in section forty ...
... notice of appearance , or a copy of a demurrer or of A notice or pleading , so served , must be subscribed by the defendant's attorney , who must add to his signature his office address , with the particulars prescribed in section forty ...
Page 44
... notice must be served with the summons , in all respects like the notice required by the last section , except that the words , " without the state of New York , " must be substituted for the words , " by publication . " [ Code , § 443 ...
... notice must be served with the summons , in all respects like the notice required by the last section , except that the words , " without the state of New York , " must be substituted for the words , " by publication . " [ Code , § 443 ...
Page 97
... notice , as he deems proper , and the application must be heard upon those papers only . Or it may be founded on proof by affidavit on the part of the defendant ; in which case it must be made to the court , or , if the order was ...
... notice , as he deems proper , and the application must be heard upon those papers only . Or it may be founded on proof by affidavit on the part of the defendant ; in which case it must be made to the court , or , if the order was ...
Page 100
... Notice of justification ; new undertaking if other bail is given . Within ten days after the receipt of the notice , the sheriff or the defendant may serve on the plaintiff's attorney , notice of the justification of the same , or other ...
... Notice of justification ; new undertaking if other bail is given . Within ten days after the receipt of the notice , the sheriff or the defendant may serve on the plaintiff's attorney , notice of the justification of the same , or other ...
Page 109
... notice required . 268. Order must recite grounds ; service of order . 269. Security , on staying proceedings in an ... notice . 284. Application on notice . 285. When prior motion not to prejudice subsequent ap- plication . 286. New ...
... notice required . 268. Order must recite grounds ; service of order . 269. Security , on staying proceedings in an ... notice . 284. Application on notice . 285. When prior motion not to prejudice subsequent ap- plication . 286. New ...
Common terms and phrases
action brought action or special adverse party affidavit appeal appellate division application appointed attorney awarded bail cause of action certified chattel claim clerk Code commencement complaint corporation costs court of record court or judge damages deemed defendant delivered deposition direct discharge discretion docket dower effect entitled erty execution fees filed final judgment final order granted habeas corpus hundred interest interlocutory judgment issue of fact judgment creditor judgment debtor judgment or order judgment-roll jurors jury justice last section letters testamentary liability lien ment mortgage motion notice officer otherwise paid paid into court papers payment personal property petition plaintiff pleading prescribed by law prescribed in section proceeds proof PROPOSED ALTERNATIVE SECTION provisions real property receiver referee rendered served sheriff special proceeding specified summons supreme court sureties taken term therein thereto tion trial undertaking unless verdict virtue warrant of attachment writ writ of certiorari
Popular passages
Page 47 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 124 - ... in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Page 80 - The affidavit of verification must be to the effect that the pleading is true to the knowledge of the deponent, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Page 289 - 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 offence for a term less than for life ; or, 4. A married woman, — The time, during which such disability...
Page 141 - On such an application the defendant must give an undertaking with at least two sufficient sureties, to the effect that he will on demand pay to the plaintiff the amount of any judgment which may be recovered in the action against him, not exceeding a sum specified in the undertaking, with interest.
Page 203 - ... unable to deliver it : that it has not been opened or altered since he received it...
Page 101 - For the purpose of justification, each of the bail must attend before the judge or county clerk, at the time and place mentioned in the notice, and may be examined on oath on the part of the plaintiff, touching his sufficiency, in such manner as the judge or clerk, in his discretion, may think proper. The examination must be reduced to writing, and subscribed by the bail, if required by the plaintiff.
Page 70 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 309 - ... heretofore or hereafter granted by the United States, or by a state, for military or naval services; a sword, horse, medal, emblem or device of any kind presented as a testimonial for services rendered in the military or naval service of the United States or...
Page 364 - ... or may modify, the judgment or order appealed from, and each interlocutory judgment or intermediate order, which it is authorized to review, as specified in the notice of appeal, and as to any or all of the parties.