The Principles and Forms of Practice in Civil Actions in Courts of Record Under the Codes of Procedure: Adapted Also to Common Law and Equity Practice, Volume 1 |
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Page 137
... default will not be void , and must be obeyed , unless the defect is jurisdictional . And , although it is almost a matter of course to open defaults on motions , on any excuse being shown , 86 yet the disregard of a notice in reliance ...
... default will not be void , and must be obeyed , unless the defect is jurisdictional . And , although it is almost a matter of course to open defaults on motions , on any excuse being shown , 86 yet the disregard of a notice in reliance ...
Page 382
... default may be taken when the cause is reached , when no affidavit of merits has been served - if the party waits and serves the affidavit on the day when the default for the want of it may be regularly taken , and the default is taken ...
... default may be taken when the cause is reached , when no affidavit of merits has been served - if the party waits and serves the affidavit on the day when the default for the want of it may be regularly taken , and the default is taken ...
Page 423
... default makes a motion , except to vacate the order , it will be denied with costs.82 But the stay is not operative until default in payment ; and there is no such default until the expiration of ten days from the service of the order ...
... default makes a motion , except to vacate the order , it will be denied with costs.82 But the stay is not operative until default in payment ; and there is no such default until the expiration of ten days from the service of the order ...
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Common terms and phrases
action adverse party alleged amendment annexed appeal Appellate Division application attorney Barb bond Caption certificate clerk consent copy costs counsel court and cause court or judge day of 19 decision default defendant deponent direction duly entered entitled execution facts FORM ground guardian ad litem hearing held hereby indorsed irregularity judge's order judgment Jurat jurisdiction leave to renew Matter ment Misc motion to vacate moving party N. W. Rep N. Y. Code Civ N. Y. Gen N. Y. Supp notice of motion nunc pro tunc objection order to show paragraph person petition petitioner plaintiff pleading proceedings proof provisional remedy publication reading and filing recitals reference relief resettle rule served sheriff show cause Signature Special Term specified stay stay of proceedings stipulation sufficient supra Supreme Court sureties thereof tion Title of court trial undertaking verified weeks York