The New York Code of Civil Procedure: Containing All Amendments of 1909, with Notes of Decisions to Date, Also the State Constitution, Rules of the Court of Appeals, General Rules of Practice and Municipal Court Act of New York City, with a Complete Topical Index |
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Page 72
... served by the attorney for the respondent on the attorney for the appellant and proof thereof filed with the clerk . Service of the notice shall be proved to the clerk by atidavit , or by the written admission of the attorney on whom it ...
... served by the attorney for the respondent on the attorney for the appellant and proof thereof filed with the clerk . Service of the notice shall be proved to the clerk by atidavit , or by the written admission of the attorney on whom it ...
Page 82
... served being the defendant and proper person to be served , and how he acquired such knowledge . The court may require the affiant to appear in court and be examined in respect thereto , and when service has been made by the sheriff ...
... served being the defendant and proper person to be served , and how he acquired such knowledge . The court may require the affiant to appear in court and be examined in respect thereto , and when service has been made by the sheriff ...
Page 83
... served shall be deemed to have waived the objection for non- compliance with this rule unless within twenty - four hours after the receipt thereof he returns such papers to the party serving the same with a statement of the particular ...
... served shall be deemed to have waived the objection for non- compliance with this rule unless within twenty - four hours after the receipt thereof he returns such papers to the party serving the same with a statement of the particular ...
Page 86
... served within eight days after service of notice of the filing of the same . If exceptions are filed and served within such time , the same may be brought to a hear- ing at any Special Term thereafter , on the notice of any party ...
... served within eight days after service of notice of the filing of the same . If exceptions are filed and served within such time , the same may be brought to a hear- ing at any Special Term thereafter , on the notice of any party ...
Page 87
... served ; amendments ; settlement , etc. Whenever it shall be necessary to make a case , or a case and exceptions , or a case containing exceptions , the same shall be made , and a copy thereof served on the opposite party within the ...
... served ; amendments ; settlement , etc. Whenever it shall be necessary to make a case , or a case and exceptions , or a case containing exceptions , the same shall be made , and a copy thereof served on the opposite party within the ...
Common terms and phrases
action or special affidavit Am'd amended appellate division application appointed attorney awarded bond cause of action certified chattel claim clerk complaint Consolidated Laws copy corporation county clerk county treasurer court of record court or judge creditor debt decedent decree deemed defendant delivered deposit direct discharge docket effect Sept entitled Estate Law execution executor or administrator filed final judgment granted guardian habeas corpus infant interest judgment debtor Judiciary Law jurisdiction jurors jury justice last section letters letters of administration letters testamentary liability lien ment mortgage motion notice otherwise payment personal property petition plaintiff pleading prescribed by law prescribed in section prisoner Proc proof provisions real property recover referee rendered Repealed resident served sheriff special proceeding specified summons supreme court sureties surrogate surrogate's court term testamentary therein thereof thereto thereupon tion trial undertaking unless writ
Popular passages
Page 27 - The governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Page 613 - Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy ; or of any other misbehavior by which the rights of any party have been prejudiced. (d) Where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
Page 19 - No moneys shall ever be paid out of the treasury of this State, or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law; nor unless such payment be made within two years next after the passage of such appropriation act...
Page 52 - Any amendment or amendments to this constitution may be proposed in the senate and assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals with the yeas and nays taken thereon, and referred to the legislature...
Page 7 - ... that in time of war no elector in the actual military service of the State, or of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from such election district; and the Legislature shall have power to provide the manner in which and the time and place at which such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside.* § 2.
Page 31 - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive...
Page 22 - If during a vacancy of the office of Governor, the LieutenantGovernor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the State, the President of the Senate shall act as Governor until the vacancy be filled or the disability shall cease...
Page 27 - In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease.
Page 115 - 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. 2. In an action on contract, any other cause of action on contract, existing at the commencement of the action.
Page 44 - All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors, of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed,...