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
Results 6-10 of 98
Page 72
Motions arising on special verdicts . 11 . Motions for new trial of an issue of fact , ”
other than those made upon the minutes , or upon an allegation of irregularity or
surprise . 12 . Motions to overrule exceptions and for final judgment upon report ...
Motions arising on special verdicts . 11 . Motions for new trial of an issue of fact , ”
other than those made upon the minutes , or upon an allegation of irregularity or
surprise . 12 . Motions to overrule exceptions and for final judgment upon report ...
Page 75
19 For instance the following cases hold that any irregularity consisting in the
entry of an unauthorized judgment not conforming to the judicial intent or
decision , must be corrected on motion ( within a year from entry of judg . ment .
Corn Ex ...
19 For instance the following cases hold that any irregularity consisting in the
entry of an unauthorized judgment not conforming to the judicial intent or
decision , must be corrected on motion ( within a year from entry of judg . ment .
Corn Ex ...
Page 76
It was an irregularity which should have been taken advantage of by motion . ” )
Kraushaar v . Meyer , 72 N. Y. 602 . ( Where the extra allowance granted by the
lower court and inserted in the judgment was slightly in excess of that allowed by
...
It was an irregularity which should have been taken advantage of by motion . ” )
Kraushaar v . Meyer , 72 N. Y. 602 . ( Where the extra allowance granted by the
lower court and inserted in the judgment was slightly in excess of that allowed by
...
Page 77
late court , while not necessarily refusing to entertain an appeal founded on
irregularity in practice22 not involving the merits , if there has been no attempt to
correct it first , by motion , may correct the irregularity upon the appeal , but give
costs ...
late court , while not necessarily refusing to entertain an appeal founded on
irregularity in practice22 not involving the merits , if there has been no attempt to
correct it first , by motion , may correct the irregularity upon the appeal , but give
costs ...
Page 78
So if a judgment has been fraudulently obtained or is being fraudulently enforced
, a new action is usually maintainable for relief ; but if the grievance is irregularity
, 26 or if ( the proceedings being regular , and free from fraud 27 ) the question ...
So if a judgment has been fraudulently obtained or is being fraudulently enforced
, a new action is usually maintainable for relief ; but if the grievance is irregularity
, 26 or if ( the proceedings being regular , and free from fraud 27 ) the question ...
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
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 |