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 67
... ground of motion . 80. Mode of referring to other paners . 81. Freuse for delay . 82. Grounds for claiming preference on the calendar . 83. Oath to merits . 84. Denial or disclosure of previous application . B. Noticing motion . 85 ...
... ground of motion . 80. Mode of referring to other paners . 81. Freuse for delay . 82. Grounds for claiming preference on the calendar . 83. Oath to merits . 84. Denial or disclosure of previous application . B. Noticing motion . 85 ...
Page 72
... ground of the motion . See subd . 11 ( above ) . 98 N. Y. Gen. Rules , No. 38 . N. Y. Code Civ . Pro . § 964 ... ground merely of newly discovered evidence may perhaps raise a difference of opinion . That a case is necessary upon such a ...
... ground of the motion . See subd . 11 ( above ) . 98 N. Y. Gen. Rules , No. 38 . N. Y. Code Civ . Pro . § 964 ... ground merely of newly discovered evidence may perhaps raise a difference of opinion . That a case is necessary upon such a ...
Page 79
... ground that the stipulation had been obtained by undue influence , and the evidence being conflicting , pro- ceedings on the appeal were ordered stayed to enable an action to be brought to set aside the stipulation , for the court laid ...
... ground that the stipulation had been obtained by undue influence , and the evidence being conflicting , pro- ceedings on the appeal were ordered stayed to enable an action to be brought to set aside the stipulation , for the court laid ...
Page 92
... ground , or send it before a term held by him , or consult with him upon the motion . 98 N. Y. Code Civ . Pro . , § 772 . This power seems to be inherent , especially when the ground of the vacating is that the order was inadvertently ...
... ground , or send it before a term held by him , or consult with him upon the motion . 98 N. Y. Code Civ . Pro . , § 772 . This power seems to be inherent , especially when the ground of the vacating is that the order was inadvertently ...
Page 97
... grounds apparent on the appeal papers , has been sustained at Special Term of the appellate court , 30 although the ... ground that he tried the cause out of the county . ) Melville v . Mathewson , 51 N. Y. Super . Ct . 506 ( where a ...
... grounds apparent on the appeal papers , has been sustained at Special Term of the appellate court , 30 although the ... ground that he tried the cause out of the county . ) Melville v . Mathewson , 51 N. Y. Super . Ct . 506 ( where a ...
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The Principles and Forms of Practice in Civil Actions in Courts of Record ... Austin Abbott No preview available - 2015 |
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 pending person petition petitioner plaintiff pleading proceedings proof provisional remedy publication reading and filing recitals reference relief resettle rule served show cause Signature Special Term specified stay stay of proceedings stipulation sufficient supra Supreme Court sureties thereof tion Title of court trial undertaking unless verified weeks York
Popular passages
Page 489 - The affidavit of verification must be to the effect, that the pleading is true to the knowledge of the deponent, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Page 315 - ... to appear and show cause why the prayer of the petition should not be granted...
Page 824 - The liability of the owner of any vessel for any embezzlement, loss or destruction by any person of any property, goods or merchandise, shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel and her freight then pending.
Page 761 - ... does not really and substantially involve a dispute or controversy properly within the jurisdiction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court shall proceed no further therein, but shall dismiss the suit...
Page 770 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 5 - On this.... day of July, AD, 1917, personally appeared before me, a Notary Public, in and for the County of State of Texas, John Jones, known to me to be the person described in and who executed the foregoing instrument and who acknowledged to me that he executed the same freely and voluntarily and for the uses and purposes therein mentioned.
Page 951 - ... except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant...
Page 738 - York, on the day of ,19 , at .... o'clock in the forenoon of that day or as soon thereafter as counsel can be heard why an...
Page 759 - ... a controversy between citizens of different States, in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid...
Page 497 - Company, the petitioner above named ; that he has read the foregoing petition and knows the contents thereof and that the same is true of his own knowledge except as to the matters therein stated to be alleged upon information and belief and as to those matters he believes it to be true.