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FORM No. 195. Order to show cause on original petition, with direction for publication.38 (Caption as in Form No. 315, post. ]
On reading and filing the petition of A. B., dated the day of
, [and recite any other papers in the same way], and on motion of M. N., attorney for said petitioner,
ORDERED, that [naming the several persons referred to in the petition] show cause before this court at a special term to be held at in
19 at o'clock in the noon, or as soon thereafter as counsel can be heard, why the prayer of the petition should not be granted [and, if the order is to be served by publication, add and why — reciting the prayer in full].
[Add special directions as to mode and time of service, if any.]
[Where publication is ordered.] That a copy of this order be published in two newspapers published in the [county of New York], viz., the (New York Law Journal] and the at least Conce] in each week, for (six] successive weeks immediately preceding the day fixed hereby for showing cause. 39
[Date, signature, etc., as in Form No. 108, p. 265 (above).] To [address to persons to be served.]
FORM No. 196.
Notice of motion for final order on original petition. 40 [If desired to present, on the return of the order, oral proofs and take a final order immediately.] Please take notice that on the return of the annexed [or, within] order to show cause, the petition therein referred to will be presented to this court and proofs furnished of the several matters alleged in said petition, and that thereupon and at said time and place and before the said court a motion will be made that the prayer of said petition be granted. [Date.] [Signature and address of]
Attorney for To [address].
38 See paragraph 16, p. 315 (above). 39 For the construction of such a clause, and the computation of time, see the next article, on PUBLICATION.
40 The notice thus given can be
inserted in the order to show cause, or the notice of motion on the petition. This might equally well be an order to show cause where short no. tice is necessary.
[Affidavit of personal service as in case of Summons.]
[Affidavit of publication may be adapted according to the terms of the order for publication from affidavit of publication of summons.]
[Affidavit of service to bring into contempt where the order is of a nature to justify that, should be special. See Forms giren under Service.]
, copies of
FORM No. 197 Title of motion by joint petitioner for leave to sever.41 [Title of court and proceeding.]
Sir, Please take notice, that on the petition of A. B., B. C., C. D. [naming petitioners], dated on the day of
19 (a copy of which has been heretofore served upon you], and the annexed affidavits of [stating] verified which are herewith served upon you, a motion will be made be fore a Special Term [Part I] of the Supreme Court to be held in the County Court House, in the [Borough of Manhattan), on the day of
at 10:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for an order allowing the several petitioners mentioned in said petition to serve separate petitions [to vacate or reduce the above entitled assessment on their lots as mentioned in said petition) without prejudice to proceedings already had herein, and for such other or further relief herein as may be just and proper. [Date.]
[Signature and address of]
Attorney for To
FORM No. 198.
At a special term [etc., as in Form No. 94,
[Title of proceeding. ]
and the notice of this motion dated the day of
19 and on reading the petition of [stating all petitioners] herein dated the
19 and after hearing M. N., of counsel for said A. B., in support
41 See paragraph 19, p. 316 (above).
42 See paragraph 19, p. 316 (above).
of the motion, and 0. P., of counsel for [or, and on reading and filing due proof of service of notice of this motion, and no one appearing] in opposition; now, on motion of M. N., attorney for A. B.,
ORDERED, that the petitioners named in the said petition of J. W. and others, be, and they are, hereby authorized and granted leave to sever their petitions and to serve separate petitions for the vacation or reduction of the above entitled assessment on their lots, as mentioned in said petition of J. W. and others, and containing the allegations now in said petition (without prejudice to any proceedings heretofore had upon their said joint petition.]
[Date, signature, etc., as in Form No. 108, p. 265 (above). ]
FORM No. 199. Petition by third person to be allowed to intervene in a pending proceed
(Title of court and proceeding.]
To the [Supreme] Court [of the State of New York] :
The petition of A. B. and C. B. respectfully shows [the facts in the case from which this precedent is taken were stated as follows] : I. That, on the day of
19, E. B. was, by the Hon. J. P., a justice of this court, duly appointed guardian of your petitioners for the purposes of this proceeding.
II. That your petitioners are the children of G. B., who died in this city on the
19 , intestate ; that they are all residents and inhabitants of the Borough of Manhattan, the county of New York; and that said A. B. and C. B. are yet infants and over the age of 14 years, except C., who is in his 12th year; and that the proceedings hereinafter mentioned concern the separate estate of each of said infants.
III. That your petitioners are the great-grandchildren of said T. T., deceased, and grandchildren of H. B., a daughter of said T. T., who died intestate
19 , and who was the mother of said G. B., the father of your petitioners. That your petitioners claim that they are each entitled to a distributive share in the estate of said T. T., to certain moneys and property now on deposit in the F. L. & T. Co., of the city of New York, as trustee of the trust fund and property, and administrator with the will annexed, of T. T., deceased.
43 This may equally well be pre of motion. See also paragraph 20, sented upon this petition by either p. 317 (above). an order to show cause or by notice
IV. That they are informed and believe that the said company have on deposit to the credit of T. T.'s estate an amount exceeding dollars, and that a payment or distribution of the same has been applied for to this court by others interested therein, and that your petitioners are respectively entitled to and claim one-twentieth of that amount, equal to about dollars for each, as and for their several distributive shares in the said amount on deposit with the said company, and that your pe titioners are advised that they are necessary parties to this proceeding.
V. That X. B., Y. B., and Z. B., the children of H. B., have heretofore and without notice to your petitioners taken a proceeding in this court to obtain said fund and claim the same to the exclusion of your petitioners, and obtained an order referring it to R. F., Esq., to take proofs of the allegations of their said petition, and have attended before the said R. F., and without notice to your petitioners or an opportunity of being heard, have submitted their proofs and requested the said referee to find and report in their favor, and the said referee has made a report that they are entitled to the said fund, to the exclusion of your petitioners, and the said parties have given notice of motion to have the same confirmed to the F. L. & T. Co., and the said matter is now on the calendar of this court.
WHEREFORE, your petitioners pray that they be allowed to come in and be made parties to this proceeding, and that they have such other and further relief as may be proper. [Date].
[Signature.] [Verification.44] [Move upon notice of motion, or order to show cause.45]
FORM No. 200.
At special term [etc., as in Form No. 94,
p. 255]. [Title of pending proceeding.]
The petition of A. B. and C. B., dated the day of 19 , by their guardian ad litem, H. B., to be made parties to this proceeding, having been presented to this court, and the motion arising on the order to show cause, granted by Mr. Jus
44 See Form No. 193 (above), for form of verification.
45 See Forms Nos, 186, 187, and 195 (above).
46 See paragraph 20, p. 317 (above).
tice V. M. D., dated the
19 why they should not be so made parties, having come on to be heard; now upon reading and filing the said petition and order to show cause and after hearing Mr. M. N., of counsel for said
petitioners and guardian ad litem, and Mr. 0. P., of counsel for X. L., Y. L., and Z. L., in opposition thereto, and Mr. Q. R., appearing as counsel for the F. L. & T. Co., and consenting thereto,
ORDERED, that the said motion be, and the same is, hereby granted, and that A. B. and C. B., be and they are hereby made parties to this proceeding.
It being conceded in open court, by all the parties to this proceeding, that the said last-named persons are children of G. B., a deceased child of II. B., deceased, and are of the ages set forth in their said petition, it is further ORDERED, that the motion to confirm the report of the referee, R. F., now noticed for the day of 19 stand over to the
day of 19
[Date , signature, etc., as in Form No. 108, p. 265 (above).]
FORM No. 201. Notice of appearance on original petition.47 [Title of court and proceeding.]
Please take notice that the above named Y. Z. appears in this proceeding, and that I am retained and appear for said Y. Z., herein, and demand that service of all papers herein be made on me at my office, No.
street, in the city of [Date.] [Signature and office and Post Office address] To [address],
Attorney for Y. Z. Attorney for petitioner.
FORM No. 202. Notice of appearance by petitioner who is affected in two capacities, al
though petitioning only in one.48 [Title of court and proceeding. ]
Please take notice that A. B., as executor of the last will and testament of M. N., deceased, appears in this proceeding, and
17 For special appearance, saving objections to jurisdiction of the person, see title APPEARANCE, post.
48 He might, according to the doctrine of some cases, be held bound in both capacities by the order, if the
petition showed his interest; but for his own protection it is the safer practice to appear expressly in any capacity in which he is concerned, but in which he cannot appropriately petition.