Clevenger's Practice Manual of New YorkBaker, Voorhis & Company, 1928 |
Other editions - View all
Common terms and phrases
9 NYS AbNC ACT IN EFFECT affidavit alleged amended answer appellate division application appointed assignment attorney bond breach cause of action certificate Cited CIVIL PRACTICE ACT CivP claim clerk complaint contract corporation costs counterclaim damages decedent default defendant defendant's demurrer denial deposit directing dismissal docket entry evidence examination execution executor facts failure filed final judgment foreclosure fraud fraudulent granted interlocutory issue joinder judge judgment debtor judgment or order jurisdiction jury justice levy liability lien means read mechanic's lien ment mortgage motion negligence note heading notice officer party payment pending plaintiff pleading prescribed proof purchase real property realty record recover referee replevin residence SECTION CONSTRUED 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 119 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable according to their respective liabilities, without any amendment.
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 114 - All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative...
Page 171 - 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 220 - 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 222 - 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 300 - After the expiration of one year from the death of a party, against whom a final judgment for a sum of money, or directing the payment of a sum of money, is rendered, the judgment may be enforced by.
Page 29 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item, proved in the account on either side.
Page 225 - Upon the trial of an action, or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through or under whom such a party or interested person derives his interest or title by assignment or otherwise, shall not be examined as a witness in his own behalf or interest, or in behalf of the party succeeding to his title or interest...
Page 97 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...