Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Volume 38S.S. Peloubet, 1908 - Civil procedure |
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affidavit affirmed alleged amended amount answer APPELLATE DIVISION application attorney authority award brought cause of action City Court claim Code Civil Procedure Code of Civil codicil commenced concur contract corporation costs and disbursements counsel creditors damages Decided January decree defendant's demurrer denied dismissed entitled equity evidence execution executor exempt facts fendant filed forma pauperis former marriage granted ground injuries issue J.-This Joseph Marx jurisdiction jury lien Matter ment motion N. Y. Civ N. Y. Supp notice order appealed party payment pension money person petitioner plain plaintiff pleading Prac probate Proc proceeding provides question real property Realty recover rendered respondent reversed rule Section security for costs served Special Term statute of limitations Stein sufficient summons and complaint supra Supreme Court surrogate Surrogate's Court testator thereof tiff tion trial void waived waiver witness Yates county York
Popular passages
Page 147 - ... shall be exempt from taxation, shall be exempt from the claims of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.
Page 282 - To open, vacate, modify, or set aside, or to enter, as of a former time, a decree or order of his court ; or to grant a new trial or a new hearing for fraud, newly discovered evidence, clerical error, or other sufficient cause.
Page 23 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order...
Page 147 - York; a land warrant; pension or other reward heretofore or hereafter granted by the United States, or by a state for military or naval services ; a sword, horse, medal, emblem or device of any kind presented as a testimonial for services rendered in the military or naval services...
Page 147 - The pay and bounty of a non-commissioned officer, musician or private in the military or naval service of the United States or the state of New York; a land warrant, pension or other reward heretofore or hereafter granted by the United States, or by a state, for military or naval services; a sword, horse, medal, emblem or device of any kind presented as...
Page 84 - This is an action to recover damages for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant.
Page 4 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 52 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 234 - ... may be summoned to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons.
Page 290 - By the fourth clause the testator gave, devised, and bequeathed all the rest, residue, and remainder of his real and personal estate, in equal shares, to five cousins, naming them.