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 10
392 . retaining it may be a waiver of : irregularity in both mode and t of the service
. Rogers v . Rockwo 36 N. Y. St. Rep . 919 , 13 N. Supp . 939 . A statement made
as upon affiant's personal knowledge , where 10 ABBOTT'S PRACTICE AND ...
392 . retaining it may be a waiver of : irregularity in both mode and t of the service
. Rogers v . Rockwo 36 N. Y. St. Rep . 919 , 13 N. Supp . 939 . A statement made
as upon affiant's personal knowledge , where 10 ABBOTT'S PRACTICE AND ...
Page 45
... desires to treat the copy as a nullity he must return it promptly with notice of this
specific objection , or he will be deemed to have waived the irregularity . 74 78 5.
Sworn copies . ] — What is here said. 4. Letter - press copies . ] - Letter - press ...
... desires to treat the copy as a nullity he must return it promptly with notice of this
specific objection , or he will be deemed to have waived the irregularity . 74 78 5.
Sworn copies . ] — What is here said. 4. Letter - press copies . ] - Letter - press ...
Page 63
19. The notice must be specific . It is not enough to refer to the Rule , unless the
paper violates every requirement of the Rule . 67 Id . 68 N. Y. Gen. Rule No. 19.
Failure to folio a judgment entered by direction of the court is a mere irregularity .
19. The notice must be specific . It is not enough to refer to the Rule , unless the
paper violates every requirement of the Rule . 67 Id . 68 N. Y. Gen. Rule No. 19.
Failure to folio a judgment entered by direction of the court is a mere irregularity .
Page 67
names of parties . 92. Designating day . 93. Stating where or before whom . 94.
Place . 95. Stating on what papers . 96. Specifying irregularity . 97. – effect of
omitting to specify irregularity . 98. Relief sought . 99. Prayer for general relief .
costs .
names of parties . 92. Designating day . 93. Stating where or before whom . 94.
Place . 95. Stating on what papers . 96. Specifying irregularity . 97. – effect of
omitting to specify irregularity . 98. Relief sought . 99. Prayer for general relief .
costs .
Page 68
Irregularity not specified . 158. Unnecessary motions . 159. Effect of prayer for
general relief on contested ... Amplifying order , beyond notice . 163. Amending
irregularity to defeat motion founded on it . 164. Reference or issue . 165. Costs .
Irregularity not specified . 158. Unnecessary motions . 159. Effect of prayer for
general relief on contested ... Amplifying order , beyond notice . 163. Amending
irregularity to defeat motion founded on it . 164. Reference or issue . 165. Costs .
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Contents
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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 alleged allowed amendment annexed answer appear application attorney authority Bank bond certificate claim clerk complaint copy costs counsel court Date day of 19 decision defendant denied deponent directed duly effect entered entitled execution facts filing FORM further give given granted ground guardian held hereby holding infant issue judge judgment jurisdiction leave Matter motion moving N. Y. Code Civ N. Y. Supp necessary notice objection obtain order to show original paragraph party person petition petitioner plaintiff pleading practice present proceedings proof proper publication question reason receiver recitals record reference relief removal residence rule says served show cause Signature Special Term specified statute stay stipulation sufficient suit summons sureties taken thereof tion trial undertaking United unless vacate verified 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 |