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 2Baker, Voorhis, 1907 - Civil procedure |
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Page 1180
... complaint , add allegations not essential , such , for in- stance , as facts which will avoid an anticipated defense or will show his right to equitable relief incidental and preliminary to recovery . And by the present statute , 25 a ...
... complaint , add allegations not essential , such , for in- stance , as facts which will avoid an anticipated defense or will show his right to equitable relief incidental and preliminary to recovery . And by the present statute , 25 a ...
Page 1181
... complaint to state evi- dence , the complaint alone is rarely sufficient.31 7. Time for applying . ] — The application for the warrant may be made before summons served32 and an attachment may be granted at any time before final ...
... complaint to state evi- dence , the complaint alone is rarely sufficient.31 7. Time for applying . ] — The application for the warrant may be made before summons served32 and an attachment may be granted at any time before final ...
Page 1188
... complaint is relied on in support of the application , may say : as appears by the complaint herein , verified on the day of 19 and if any of its allegations mater- ial to the application are not positive , add : all of the allegations ...
... complaint is relied on in support of the application , may say : as appears by the complaint herein , verified on the day of 19 and if any of its allegations mater- ial to the application are not positive , add : all of the allegations ...
Page 1189
... complaint , to wit ] the sum of dollars , [ and interest thereon from the 85 day of 19 1 , over and above all counter - claims known to him [ the plain- tiff ] .86 day of " [ Or when the action is for tort , state cause of action , as ...
... complaint , to wit ] the sum of dollars , [ and interest thereon from the 85 day of 19 1 , over and above all counter - claims known to him [ the plain- tiff ] .86 day of " [ Or when the action is for tort , state cause of action , as ...
Page 1199
... complaint contains additional allegations charging fraud in inducing the contract . The action continues to be upon contract . Whitney v . Hirsh , 39 Hun , 325 ; Ho- boken Beef Co. v . Loeffel , 23 Abb . N. C. 93 , 4 N. Y. Supp . 798 ...
... complaint contains additional allegations charging fraud in inducing the contract . The action continues to be upon contract . Whitney v . Hirsh , 39 Hun , 325 ; Ho- boken Beef Co. v . Loeffel , 23 Abb . N. C. 93 , 4 N. Y. Supp . 798 ...
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Common terms and phrases
ADJUDGED aff'd Affidavit to move aforesaid alleged amended annexed affidavit answer Appellate Division application arrest attachment attorney cause of action certificate clerk complaint copy costs counsel court and action court and cause Date day of 19 defendant Y. Z. defendant's deponent deposition directed duly sworn entered execution executor facts fendant final judgment FORM granted hereby initials of name interpleader issue judge by initials Jurat jury lien ment Misc motion of A. T. N. Y. Code Civ N. Y. Supp name and title Notice of motion nunc pro tunc order to show party payment person plaintiff pleading premises proceedings reading and filing real property recitals referee reference remittitur served sheriff show cause Signature and office signature of judge Special Term statute stipulation substituting sum of dollars summons thereof thereto tion Title of court Trial Term vacate verdict witness Wkly
Popular passages
Page 1176 - York, the petitioner above named ; that he has read the foregoing petition and knows the contents thereof; that the same is true to his own knowledge except as to the matters therein stated to be alleged on information and belief and as to those matters he believes it to be true.
Page 1370 - ... being duly sworn, deposes and says that he is the petitioner in the above-entitled proceeding ; that he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Page 2146 - An execution, issued upon a judgment for a sum of money, or directing the payment of a sum of money...
Page 1673 - Do you know, or can you set forth any other matter or thing which may be of benefit or advantage to the parties at issue in this cause or either of them, or that may be material to the subject of this your examination, or to the matters in question in this cause, if yea, set forth the same,
Page 2169 - Now if there be no lawful cause to obstruct the said marriage then the above obligation to be void, else to remain in full force and virtue.
Page 1440 - The court may determine any controversy between the 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 cause them to be brought in.
Page 2149 - ... debtor; and, if sufficient personal property cannot be found, out of the real property, belonging to him, at the time when the judgment was docketed in the clerk's office of the county, or at any time thereafter.
Page 1630 - ... person on my behalf, any deed, account, book of account, voucher, receipt, letter, memorandum, paper, or writing, or any copy of or extract from any such document, or any other document whatsoever...
Page 2075 - ... and that if the judgment be affirmed, he will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof, pursuant to the judgment...
Page 1301 - ... where it is alleged in the complaint that the chattel or a part thereof has been concealed, removed or disposed of so that it cannot be found or taken by the sheriff and with intent that it should not be so found or taken, or to deprive the plaintiff of the benefit thereof...