Topical Index Digest of the New York Civil Practice Act & Rules of Civil Practice (with Amendments to October 1, 1921)M. L. Shaw, 1921 - 236 pages |
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Other editions - View all
Topical Index Digest of the New York Civil Practice ACT & Rules of Civil ... Harry Bower Bradbury No preview available - 2016 |
Common terms and phrases
36 of Gen 791 and Rule action accrues adverse possession affidavit amended and re-enacted answer appeal Appellate Division apply appointment arbitration attorney bond or undertaking cause of action certiorari City Court Civil Practice Act Civil Procedure claim Code C Pro Code Civ Code of Civil complaint corporation counterclaim county court county judge Court Act courts of record declaratory judgment default defect defendant demurrer deposition effect ejectment enacted English Practice filed granted guardian ad litem inclusive issued joinder jurisdiction of county limitation matrimonial actions ment misjoinder Municipal Court notice numbers objections Old Rule papers permitted person place of trial plaintiff pleading preference on calendar proof provisions publication re-en re-enacted 138 re-enacted 67 real property regard replevin Rule 36 Rule 64 Rules of Prac sale of real Sections served service of summons special proceeding specified statute Supreme Court testimony tion vacate verified waived writ
Popular passages
Page 60 - No action or proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court may make binding declarations of right whether any consequential relief is or could be claimed or not.
Page 144 - 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.
Page 171 - ... 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.
Page 34 - ... at any time within one year after the award is made any party to the arbitration may apply to the court so specified for an order confirming the award, and thereupon the court must grant such an order unless the award is vacated, modified, or corrected as prescribed in the next two sections.
Page 60 - When a declaration of right or the granting of further relief based thereon shall involve the determination of issues of fact triable by a jury, such issues may be submitted to a jury in the form of interrogatories, with proper instructions by the court, whether a general verdict be required or not.
Page 173 - But if it is made to appear to the court, that the pleading was amended for the purpose of delay, and that the adverse party will thereby lose the benefit of a term, for which the cause is or may be noticed, the amended pleading may be stricken out, or the pleading may be restored to its original form, and such terms imposed as the court deems just.
Page 144 - ... defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties.
Page 33 - Five days' notice in writing of such application shall be served upon the party in default. Service thereof shall be made in the manner provided by the Federal Rules of Civil Procedure.
Page 36 - ... shall designate and appoint an arbitrator or arbitrators or umpire, as the case may require, who shall act under the said agreement with the same force and effect as if he or they had been specifically named therein; and unless otherwise provided in the agreement the arbitration shall be by a single arbitrator.
Page 165 - The defendant may demur to the complaint where one or more of the following objections thereto appear upon the face thereof : 1. That the court has not jurisdiction of the person of the defendant.