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 |
From inside the book
Page 95
But such further directions may be given as are necessary to carry the order into
effect , according to its spirit and intent , or to correct a mistake.21 15 Swift u .
Wylie , 28 N. Y. Super . Ct . 641 , 642 . 16 N. Y. Code Civ . Pro . , § 1304 , 17
Morse r ...
But such further directions may be given as are necessary to carry the order into
effect , according to its spirit and intent , or to correct a mistake.21 15 Swift u .
Wylie , 28 N. Y. Super . Ct . 641 , 642 . 16 N. Y. Code Civ . Pro . , § 1304 , 17
Morse r ...
Page 96
A motion for a further or different order on new facts , which were not in the case
on the former motion , does not fall within the foregoing restrictions ; although it is
often proper to apply those restrictions and refuse to entertain a motion , or send
...
A motion for a further or different order on new facts , which were not in the case
on the former motion , does not fall within the foregoing restrictions ; although it is
often proper to apply those restrictions and refuse to entertain a motion , or send
...
Page 132
63 A paper already served , and referred to in the notice as having been served
or filed , and as one of those on which the motion is made , may be produced on
the hearing in support of the motion without further proof of its genuineness , and
...
63 A paper already served , and referred to in the notice as having been served
or filed , and as one of those on which the motion is made , may be produced on
the hearing in support of the motion without further proof of its genuineness , and
...
Page 164
On a motion merely for leave to renew , the adverse party is not entitled to
discuss the merits of the motion sought to be renewed34 any further than that
failure to show a prima facie case is ground for refusing leave . But the court may
, after ...
On a motion merely for leave to renew , the adverse party is not entitled to
discuss the merits of the motion sought to be renewed34 any further than that
failure to show a prima facie case is ground for refusing leave . But the court may
, after ...
Page 165
supported , if need be , by further evidence.37 If leave is conditional upon some
act of the moving party , the papers upon the renewed motion must show
compliance with the condition.38 Mere leave to renew reserved in an order made
before ...
supported , if need be , by further evidence.37 If leave is conditional upon some
act of the moving party , the papers upon the renewed motion must show
compliance with the condition.38 Mere leave to renew reserved in an order made
before ...
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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 affidavit allowed amendment annexed answer appeal application attorney authority Bank bond certificate clerk consent copy costs counsel court day of 19 decision default defendant denied direction duly effect entered entitled evidence execution facts filing FORM further give given granted ground heard hearing held hereby holding irregularity issue judge judgment jurisdiction justice leave Matter Misc moving N. Y. Code Civ N. Y. Supp necessary notice of motion objection obtained order to show original papers paragraph party person petition petitioner plaintiff pleading practice presented proceedings proof proper provision publication question reading reason receiver recitals record reference relief rule served show cause Signature Special Term specified statute stay stipulation sufficient taken thereof tion trial undertaking unless usually vacate 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.
Bibliographic information
| Title | 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 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, Carlos Coolidge Alden |
| Author | Austin Abbott |
| Edition | 2 |
| Publisher | Baker, Voorhis, 1907 |
| Original from | Harvard University |
| Digitized | 16 Mar 2007 |
| Length | 2317 pages |
| Export Citation | BiBTeX EndNote RefMan |