Parsons' Practice Manual of the State of New YorkBaker, Voorhis & Company, 1922 - Civil procedure |
From inside the book
Results 1-5 of 100
Page 12
... taken by answer or motion . The corresponding objection to a defense or counterclaim can be taken by reply or motion ; except where a reply is not required in order to enable to plaintiff to raise an issue of fact upon an allegation ...
... taken by answer or motion . The corresponding objection to a defense or counterclaim can be taken by reply or motion ; except where a reply is not required in order to enable to plaintiff to raise an issue of fact upon an allegation ...
Page 32
... taken before a substituted officer at a time or place other than that specified in the original notice or order , until notice of the substitution and of the time and place appointed for the proceeding to be taken has been given ...
... taken before a substituted officer at a time or place other than that specified in the original notice or order , until notice of the substitution and of the time and place appointed for the proceeding to be taken has been given ...
Page 35
... taken or the motion made , the court may allow the appeal to be taken or the motion to be made by the heir , devisee or personal representative of the decedent , at any time within four months after his death . Derivation . - Subd . 1 ...
... taken or the motion made , the court may allow the appeal to be taken or the motion to be made by the heir , devisee or personal representative of the decedent , at any time within four months after his death . Derivation . - Subd . 1 ...
Page 53
... taken upon the investment of money paid into court , must be taken to the county treasurer of the county where the fund belongs , in his name of office , or to such other county treasurer as the court specially directs . Derivation ...
... taken upon the investment of money paid into court , must be taken to the county treasurer of the county where the fund belongs , in his name of office , or to such other county treasurer as the court specially directs . Derivation ...
Page 78
... taken which might have been taken in the county court . An order to stay proceedings for the purpose of affording an opportunity to make the applica- tion for removal may be made by the county judge or by a judge authorized to make such ...
... taken which might have been taken in the county court . An order to stay proceedings for the purpose of affording an opportunity to make the applica- tion for removal may be made by the county judge or by a judge authorized to make such ...
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Common terms and phrases
12 Misc 1st two sentences 26 Misc 2d sentence action or special affd affg affidavit amended appellate division application 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 writ York
Popular passages
Page 84 - All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...
Page 111 - 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 3 - 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 436 - 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 11 - 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 74 - 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 3 - ... from the time, when the right to make the demand is complete; except in one of the following cases: 1. Where the right grows out of the receipt or detention of money or property, by an agent, trustee, attorney, or other person acting in a fiduciary capacity, the time must be computed from the time, when the person, having the right to make the demand, has actual knowledge of the facts, upon which that right depends.
Page 159 - ... 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 145 - 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...
Page 109 - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.