Rules of Civil Practice Adopted by the Convention to Consider and Adopt Rules of Civil Practice, June 17, 1921J.B. Lyon Company, printers, 1921 - 136 páginas |
Términos y frases comunes
action or proceeding affidavit alleged amendments appearing on face appellate division application for judgment appointed ascertained attorney bill of exceptions bond cause of action chattel civil practice act clerk complaint counterclaim court or judge declaratory judgment default judgment default or admission defect defendant direct entry failure filing papers final judgment foreclosure guardian ad litem incompetent person infant or incompetent issue of fact Judicial District jury Last paragraph Last sentence litem or special matrimonial actions misjoinder mortgage motion for judgment notice of motion Number paid into court payment of money petition place of trial plaintiff pleading poor person provisions receiver referee Reference on default residence Rule 55 Rule of Civil Second sentence served service of papers settlement show cause special guardian special term specify stipulation Subdivision subpoena subpoena duces tecum summary judgment supreme court surety surplus moneys surrogate's court taking testimony testimony by deposition thereto TITLE unless vacate witness
Pasajes populares
Página 80 - ... of the county in which the property is situated, a notice of the pendency of the action...
Página 41 - ... The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant or the subject of the action; or, 2. That the plaintiff has not legal capacity to sue; or, 3. That there is another action pending between the same parties for the same cause; or, 4.
Página 37 - In pleading a judgment or other determination of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction ; but the judgment or determination may be stated to have been duly given or made.
Página 38 - ... 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.
Página 34 - If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made.— 1873-306.
Página 48 - ... making an affidavit that he received it from the agent; that the agent is dead, or from sickness or other casualty...
Página 63 - ... requires application to be made to the court, such application may be made at any Special Term in the district embracing the county in which the action is triable...
Página 14 - English language, and, unless it is oral, made out on paper or parchment, in a fair legible character, in words at length, and not abbreviated. But...
Página 18 - Whenever a party, as a tenant for life, or by the courtesy, or in dower, is entitled to the annual interest or income of any sum paid into court and invested in permanent securities, such party shall be charged with the expense of investing such sum, and of receiving and paying over the interest or income thereof...
Página 16 - ... the evening, either by leaving it. in a conspicuous place in his office, or by depositing it. inclosed in a sealed wrapper, directed to him in his office...