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 81
... issue . ] — When a material issue of fact has already been properly raised by the pleadings it is not in general proper to attempt to obtain an adjudication thereupon by a summary motion , for it would often violate the right of trial ...
... issue . ] — When a material issue of fact has already been properly raised by the pleadings it is not in general proper to attempt to obtain an adjudication thereupon by a summary motion , for it would often violate the right of trial ...
Page 136
... issue within less than two days of the motion day . For the Appellate Division , notes of issue must be filed eight days before the commencement of the term.80 123. Preference . ] — If a party desires his appeal to the Ap- pellate ...
... issue within less than two days of the motion day . For the Appellate Division , notes of issue must be filed eight days before the commencement of the term.80 123. Preference . ] — If a party desires his appeal to the Ap- pellate ...
Page 853
... issue , the plaintiff has taken no step to bring this action to trial ; that no note of the issue has ever been filed by plaintiff , nor has he ever noticed or moved the cause for trial ; and that younger issues than this have been ...
... issue , the plaintiff has taken no step to bring this action to trial ; that no note of the issue has ever been filed by plaintiff , nor has he ever noticed or moved the cause for trial ; and that younger issues than this have been ...
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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