Clevenger's Practice Manual of New YorkBaker, Voorhis & Company, 1927 - Civil procedure |
From inside the book
Results 1-5 of 100
Page 44
... replevin suit ( Moore 44 NY 666 ) . Grantee of de- fendant in action for specific performance of par- tition agreement ( Jones 68 AD 5 , 74 NYS 297 . afd 171 NY 653 ) . Heirs of property owner de- fendant in realty partition ( Requa 16 ...
... replevin suit ( Moore 44 NY 666 ) . Grantee of de- fendant in action for specific performance of par- tition agreement ( Jones 68 AD 5 , 74 NYS 297 . afd 171 NY 653 ) . Heirs of property owner de- fendant in realty partition ( Requa 16 ...
Page 46
... Replevin suit continued ( Pierson 13 NYS 845 ) . by deceased plaintiff's assignee for creditors ( Riley 10 NYS 38 ; Burkell 1 NY 163 ) . Representatives or successors in interest ( Avents 55 NYS 401 ) . Services , action by assignee of ...
... Replevin suit continued ( Pierson 13 NYS 845 ) . by deceased plaintiff's assignee for creditors ( Riley 10 NYS 38 ; Burkell 1 NY 163 ) . Representatives or successors in interest ( Avents 55 NYS 401 ) . Services , action by assignee of ...
Page 83
... replevin bond in Justices Court , failure to attack ( Clark 69 Hun 445 , 23 NYS 447 ) . Number of sureties , one surety on appeal bond ( Potter 4 Paige 290 ) Payment of judgment , interest and costs not pro- vided for in injunction bond ...
... replevin bond in Justices Court , failure to attack ( Clark 69 Hun 445 , 23 NYS 447 ) . Number of sureties , one surety on appeal bond ( Potter 4 Paige 290 ) Payment of judgment , interest and costs not pro- vided for in injunction bond ...
Page 84
... replevin bond ( Dale 128 NY 625 ) . Revenue stamp omitted from replevin bond ( Rich 64 NYS 333 ) . Service of bond not made at commencement of taxpayers action ( O'Connor 83 AD 179 , 82 NYS 499 ) . CASES SINCE CIVIL PRACTICE ACT IN ...
... replevin bond ( Dale 128 NY 625 ) . Revenue stamp omitted from replevin bond ( Rich 64 NYS 333 ) . Service of bond not made at commencement of taxpayers action ( O'Connor 83 AD 179 , 82 NYS 499 ) . CASES SINCE CIVIL PRACTICE ACT IN ...
Page 96
... Replevin ( Shephers 150 NY 183 : Newell 115 NY 170 ) . Rent ( Davies 93 NY 250 ) . dertaking ( VanAllen 60 Hun 546 , 15 NYS 261 ) . Who may make offer - Contractor , action against contractor and owner to foreclose subcontractor's lien ...
... Replevin ( Shephers 150 NY 183 : Newell 115 NY 170 ) . Rent ( Davies 93 NY 250 ) . dertaking ( VanAllen 60 Hun 546 , 15 NYS 261 ) . Who may make offer - Contractor , action against contractor and owner to foreclose subcontractor's lien ...
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Common terms and phrases
9 NYS AbNC ACT IN EFFECT affidavit alleged amended answer appellate division application appointed arrest assignment attorney Barb bond breach cause of action certificate Cited CIVIL PRACTICE ACT CivP claim clerk complaint contract corporation costs counterclaim damages default defendant defendant's demurrer deposit directing dismissal entry evidence execution executor facts failure filed final judgment foreclosure fraud fraudulent granted guardian ad litem injury issue joinder judge judgment creditor judgment debtor judgment or order jury levy liability lien means read mechanic's lien ment mortgage motion negligence note heading notice officer party payment pending person plaintiff pleading prescribed proof provision purchase real property realty recover referee replevin residence sentence served sheriff Smith Source CCP special proceeding specified Star statute subd summons Supr supreme court sureties term testimony thereof tion trial trustee unchanged-Revisers vacate verdict witness
Popular passages
Page 178 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 104 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 170 - The answer of the defendant must contain: " 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Page 218 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.
Page 19 - Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises under claim of title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question...
Page 220 - An action, civil or criminal, cannot be maintained against a reporter, editor, publisher, or proprietor of a newspaper, for the publication therein of a fair and true report of any judicial, legislative, or other public and official proceedings, without proving actual malice in making the report.
Page 381 - ... against the wages, debts, earnings, salary, income from trust funds or profits of said judgment debtor shall be satisfied at one time and where more than one execution has been issued or shall be issued pursuant to the provisions of this section against the same judgment debtor, they shall be satisfied in the order of priority in which such executions are presented to the person or persons from whom such wages, debts, earnings, salary, income from trust funds or profits are due and owing.
Page 109 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Page 434 - ... that if the defendant recovers judgment, or if the warrant is vacated, the plaintiff will pay all costs, which may be awarded to the defendant, and all damages, which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, which must be at least two hundred and fifty dollars.
Page 363 - Within thirty days after notice of the filing of the award or the decision of the commission has been sent to the parties an appeal may be taken to the appellate division of the supreme court, third department, from such award or decision by any party in interest including an employer insured in the state fund.