FORM No. 183.

Title19 and caption of a preliminary petition to the court.

In the matter of the Application of A. B., [state purpose, as] for the appointment of a guardian ad litem for M. N., an infant.

To the Supreme Court of the State of New York [or other court, giving its full official designation].

The petition of

shows:

of the city of

FORM No. 184.

respectfully

Caption of a preliminary petition to a judge.

To Hon. James Kent, one of the justices of the Supreme Court of the State of New York [or other court or magistrate, as above]. The petition of [etc., as above].

FORM No. 185.

Affidavit by attorney of facts as to previous application.20

[Underwrite at the foot of the petition.]

[Venue.]

J. S. S., being duly sworn, says, that he is the attorney for the above named petitioners, F. H. C. and C. H. R., and that no previous application has been made for the order or relief asked for in their foregoing petition, verified on the 19, [except, etc., stating facts; see p. 171]. [Jurat.]

FORM No. 186.

day of

[Signature.]

Order to show cause on a petition in an action.21

[Name of Court:— or, if a court order:-At a Special Term,

[Title of cause.]

etc., as in Form No. 94, p. 255.]

On the within [or, annexed] petition of A. B., dated on the day of 19, [and affidavit of M. N., verified on said day], let the [defendant] above named show cause at a

19 The title should indicate briefly the character of the application, usually giving, as well, the name of the petitioner.

20 See N. Y. Gen. Rules of Prac tice, No. 25.

21 See paragraph 7, p. 312 (above).

special term [Part I] of this court, to be held at the County Court House, in the Borough of Manhattan, on the

day of

19 at 10:30 o'clock in the forenoon, or as soon thereafter as

counsel can be heard, why the prayer of the said petition should not be granted. [See pp. 113, 122.]

Service hereof on or before the

shall be sufficient.

day of

19

[Date, signature, etc., as in Form No. 108, p. 265 (above).]

FORM No. 187

Notice of motion on a petition in a cause, used instead of order to show cause.22

[Title of court and cause.]

Please take notice that upon [the annexed petition of A. B., the plaintiff herein, a copy of which is herewith served upon you], application will be made to this court, at a special term thereof, to be held at the city hall [or, county court house], in the [town] on the 19 at the opening noon], or as soon

of

of the court [or, at

day of
o'clock in the

thereafter as counsel can be heard [or, if the application is to a judge and not to the court, to Hon. J. K., a judge of the

day of

noon] for an order granting

the relief as prayed for in said petition, together with such other and further relief as may be just [with costs]. [See pp. 113, 122.] [Date.]

[Signature and office address of] Attorney for [moving party].

[Address] To

Attorney for [adverse party].

FORM No. 188.

The same; a shorter form.

[Title of court and cause.]

Take notice that on the annexed petition of A. B., and papers annexed thereto, I shall apply to

To [address to person proceeded against, or]
Attorney for

22 See paragraph 7, p. 312 (above).

FORM No. 189.

Affidavit on motion for amendment of previous petition.23

[Title of court and cause.]

[Venue.]

A. B., being duly sworn, says that it was his intention, in making his petition herein, verified the day of 19 " to ask [that he be made a party defendant, and be permitted to defend in this action]. That the papers were prepared in great haste, and that by inadvertence, a request or prayer to that effect was omitted from said petition, and from the order to show cause thereon, granted on the said day.

This deponent therefore prays that the order to show cause may be amended in this respect, and that the order to be entered on the decision of this motion direct [that the said deponent be made a defendant in this action, and have leave to answer and defend the same.]

[Jurat.]

FORM No. 190.

[Signature.]

Order denying motion made on petition without prejudice to an action, or

with leave to sue.24

[Name of Court:-or, if a court order:-At a Special Term,

[Title of cause.]

etc., as in Form No. 94, p. 255.]

On reading and filing the affidavit of A. B., verified the day of , 19, [or proceed as in Form No. 107, p. 264 (above), and after recitals, appearances, etc.:]

ORDERED, that the said motion be, and the same hereby is, denied [with costs], but without prejudice to such action as the petitioner may be advised to bring [or, with leave to the pe titioner to bring such action as he may be advised against the said alone or with others, in respect to the subject. matter of said petition].

[Date, signature, etc., as in Form No. 108, p. 265 (above).]

23 Granted in a case where decision had been against the petition, on the ground of this omission, but with leave to renew the motion or to apply to amend.

24 See (above).

paragraph 45, p.

232

FORMS NOS. 191-215.- PROCEEDINGS BY ORIGINAL PETITION.

FORM No. 191.

Original petition.25

To the Supreme Court of the State of New York [or other court, giving its full official designation]:

The petition of A. B. [or, of the

its president27] respectfully shows:

company, by A. B.,

[Or, The joint's petition of A. B. and C. D. shows:]

[Or, The petition of A. B., on behalf of himself and all others similarly situated and who may make themselves parties hereto and contribute to the expenses of these proceedings, shows:]

[Here insert allegations in same form as in a pleading29]: WHEREFORE, your petitioner prays [here insert statement of the order or direction desired, or the question to be determined]: [Clause asking an order to show cause] And your petitioner further prays that the said S. T. and U. V., and said W. X. and Y. Z.30 [as executors of said M. N., deceased] be directed to show cause upon some day to be fixed in said order why the prayer of your petitioner should not be granted, with such other or further order or judgment as may be just.

[Where a referee is desired in any event, insert:] that a referee be appointed to take proof of the facts alleged in this petition, and to [take and state the accounts and proceedings of your petitioner as such trustee, and to ascertain and report the amount of commissions due your petitioner as such trustee].

And upon the coming in of such report, that your petitioner be authorized [etc., according to the case.].

[Where a stay is desired, insert:] And that in the meantime, until the hearing and decision of this petition [or, until the further order of this court31] all proceedings on the part of

in the said

be stayed.

previously entered in the cause, that service of the petition, and of the order requiring the parties to the decree to show cause, having been made upon a purchaser of the interest of one of the parties under the decree, followed by full notice to him of the hearings, this was sufficient to make him a party to the proceeding; and bind him by the order thereon although he was not named in the petition or order to show cause.

31 See paragraphs 46 and 47, p. 233 of this volume.

[Lastly] And for such other or further relief as may be just [with your petitioner's costs-or, and that all expenses and costs of this proceeding be paid out of said trust estate].

[Signature of petitioner; 32 and if he be an officer, adding title; if a corporation, adding, by A. B., president.]

FORM No. 192.

Prayer of a petition of an officer of court for instructions.

WHEREFORE your petitioner asks the direction of the court in the premises, and that such order be made therein as may be just [or, the instruction of the court as to the validity of the said claim and the direction of the court as to your petitioner's duty in the premises, together with such further costs or relief as may to the court seem just.]

[Venue.]

FORM No. 193.

Verification of petition.33

A. B., being duly sworn, says, that he is the petitioner above named; that he has read the foregoing petition and knows the contents thereof, and that the same is true to the knowledge of deponent, except as to the matters therein stated to be alleged upon information and belief, and as to these matters he believes it to be true.

[Jurat.36]

[Venue.]

FORM No. 194.

Verification of petition by officer.

[Signature.]

37

that he has

P. T. R., being duly sworn, says that he is the president of the company, the petitioner above named; read [etc., continuing as in last Form.]

32 See paragraph 11, p. 314 (above).

33 See paragraphs 12 and 13, p. 314 (above).

34 The oath to having read is not now deemed essential in New York.

35 The words "stated to be " are now usual in practice in petitions because required by statute in the verification of pleadings (N. Y. Code Civ. Pro., § 525); but the verification of a petition which omits them

is not, therefore, defective, for they were not a part of the form in equity practice. But see paragraph 12, p. 314.

On these and other questions affecting verification, see article on VERIFICATION.

36 See Form 15 as to the jurat in case of a lunatic, ete.

37 This allegation is unnecessary if the fact be, as is usually the case, alleged in the petition.