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 79
... question upon which its continuance depended laid at the foundation of the action , and its continuance simply pre- served the status quo . For further illustration of this principle in a question of set - off , see Swift r . Prouty ...
... question upon which its continuance depended laid at the foundation of the action , and its continuance simply pre- served the status quo . For further illustration of this principle in a question of set - off , see Swift r . Prouty ...
Page 741
... question ; 54 but it is not matter of right on defendant's part to invoke this power by a motion to set aside the summons or its service . The court may require the question to be raised more formally.5 55 54 Hartog v . Memory , 116 ...
... question ; 54 but it is not matter of right on defendant's part to invoke this power by a motion to set aside the summons or its service . The court may require the question to be raised more formally.5 55 54 Hartog v . Memory , 116 ...
Page 773
... question . " 62 It is no obstacle to removal that other questions , not at all de- pending on Federal law , are also involved in the cause.63 2. How the question is raised . ] — The Federal question must appear on the face of the ...
... question . " 62 It is no obstacle to removal that other questions , not at all de- pending on Federal law , are also involved in the cause.63 2. How the question is raised . ] — The Federal question must appear on the face of the ...
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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