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 133
... costs , it is proper for the other party to attend and take an order in his ab- sence granting costs upon not appearing , and if he appears it is in the discretion of the court to grant costs irrespective of the merits of the motion.68 ...
... costs , it is proper for the other party to attend and take an order in his ab- sence granting costs upon not appearing , and if he appears it is in the discretion of the court to grant costs irrespective of the merits of the motion.68 ...
Page 138
... costs ) . It seems to have been held in Larkin v . Steele , 25 Hun , 254 , that appear- ance , pursuant to an order to show cause , granted by a judge who had no authority to grant it , is equivalent to appearance on due notice , for ...
... costs ) . It seems to have been held in Larkin v . Steele , 25 Hun , 254 , that appear- ance , pursuant to an order to show cause , granted by a judge who had no authority to grant it , is equivalent to appearance on due notice , for ...
Page 147
... costs . * 1 153. Prejudging merits of action.— Unconstitutionality of statute . ] — A motion should not be granted ... costs because the two affidavits on which the motion was made were not folioed ) . 41 N. Y. , Lake Erie , etc. , Ry ...
... costs . * 1 153. Prejudging merits of action.— Unconstitutionality of statute . ] — A motion should not be granted ... costs because the two affidavits on which the motion was made were not folioed ) . 41 N. Y. , Lake Erie , etc. , Ry ...
Page 152
... costs without notice , the court may direct the judgment to be amended . Potter . Smith , 9 How . Pr . 262 ; Tracy v . Humphrey , 1 Code Rep . ( N. S. ) 197 ; McLean r . Hoyt , 56 How . Pr . 351 . 70 Thus , under a notice of motion to ...
... costs without notice , the court may direct the judgment to be amended . Potter . Smith , 9 How . Pr . 262 ; Tracy v . Humphrey , 1 Code Rep . ( N. S. ) 197 ; McLean r . Hoyt , 56 How . Pr . 351 . 70 Thus , under a notice of motion to ...
Page 153
... costs , does not make it error to grant them , if the motion is opposed ; 76 but they may be refused on this ground . " On the other hand , a substantially different relief , essentially more unfavorable to the adverse party , though it ...
... costs , does not make it error to grant them , if the motion is opposed ; 76 but they may be refused on this ground . " On the other hand , a substantially different relief , essentially more unfavorable to the adverse party , though it ...
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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.