صور الصفحة
PDF
النشر الإلكتروني

THE

PRACTICE AT LAW,

IN EQUITY,

AND IN

SPECIAL PROCEEDINGS,

IN ALL

THE COURTS OF RECORD IN THE STATE OF
NEW YORK;

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

NEW YORK

Entered, according to act of Congress, in the year eighteen hundred and seventy-four,

BY WILLIAM WAIT,

In the office of the Librarian of Congress, at Washington.

WEED, PARSONS AND COMPANY, PRINTERS AND 31EREOTYPEBS, ALBANY, E. 7.

ADDITIONS AND CORRECTIONS.

The reader is requested to note these corrections in the proper places referred to. Vol. 1, p. 17, line 2 of § 2, should read: Another branch, instead of "Another breach, etc."

Vol. 1, p. 61, 6 lines from the bottom, read, ten years, etc., instead of "two years, etc."

Vol. 1, page 525, last 13 lines of page should read as follows: Instead of inserting in the body of the copy of the summons published, the notice of the time and place where the complaint has been filed, it is customary to give this information in a notice appended to the copy of the complaint as published. See Post, 528, § 9. This practice is regular, and is approved by high authority. Cook v. Kelsey, 19 N. Y. (5 Smith) 412. This notice may be in the following form:

To the Defendant, Y. Z.:

Notice appended to Summons.

Take notice, That the complaint in this action was filed in the office of the clerk in the county of

of the

court, at

on day of (Date.)

[ocr errors]

in the State of New York,

(Signature and address of Attorney.)

Vol. 3, page 4, line 2 from bottom, should read, to be first tried, instead of "to the

first trial."

Since pages 257,258, 259 of vol. 4 were stereotyped, § 11 of the Code has been amended by ch. 322 of Laws of 1874, by adding at the end thereof as follows: "No appeal shall be hereafter taken to the Court of Appeals from any judgment or order, granting or refusing a new trial, where the amount of the judgment or subject-matter in controversy in the action or proceeding does not exceed five hundred dollars, exclusive of the costs therein, unless the general term of the court from whose decision or determination such appeal shall be taken, shall, by an order to be entered in its minutes, state that there is involved some questions of law which ought to be reviewed in the Court of Appeals. In actions not founded upon contract, where the judgment appealed from is for the defendant, the amount claimed in the complaint shall be deemed the amount of the subject-matter of the controversy. But nothing in this provision contained shall apply to actions or proceedings affecting the title to real estate, or an interest therein,"

« السابقةمتابعة »