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 77
... irregularity in practice22 not involving the merits , if there has been no attempt to correct it first , by motion , may cor- rect the irregularity upon the appeal , but give costs against the appellant.23 In cases on the line between ...
... irregularity in practice22 not involving the merits , if there has been no attempt to correct it first , by motion , may cor- rect the irregularity upon the appeal , but give costs against the appellant.23 In cases on the line between ...
Page 122
... irregularity . ] — It is a general principle that a motion founded on irregularity must specify the irregularity com- plained of ; 2 and under the New York Rules this specification must be contained in the notice of motion or order to ...
... irregularity . ] — It is a general principle that a motion founded on irregularity must specify the irregularity com- plained of ; 2 and under the New York Rules this specification must be contained in the notice of motion or order to ...
Page 124
... irregularity . ] — If the ir- regularity is not stated in the notice of motion or order to show cause , an order granting the motion on the ground of the irregu- larity should be reversed on appeal ; and an order denying the motion ...
... irregularity . ] — If the ir- regularity is not stated in the notice of motion or order to show cause , an order granting the motion on the ground of the irregu- larity should be reversed on appeal ; and an order denying the motion ...
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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