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The Code of Procedure of the State of New York, as Amended to 1867; With the Revised Rules of the Courts, and a Full Index

The Code of Procedure of the State of New York, as Amended to 1867; With the Revised Rules of the Courts, and a Full Index


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: APPENDIX, RULES OF COURT. COURT OF APPEALS. Rulk I. The return.?When the appeal is from a judgment, the return of the clerk of the court below shall consist of certified copies of the notice of appeal and the judgment-roll. When the appeal is from such an order as is mentioned in the eleventh section of the Code of Procedure, the return shall consist of certified copies of the notice of appeal, the order appealed from, and the papers on which the court below acted in making the order. Rule II. Appellant to file return; effect of his omission.?The appellant shall cause the proper return to be made and filed with the clerk of thia court, within twenty days after the appeal shall be perfected. If he fail to do so, the respondent may, by notice in writing, require such return to be filed within ten days after service of the notice; and if the return be not filed in pursuance of such notice, the appellant shall be deemed to have waived the appeal; and on an affidavit proving when the appeal was perfected, and the service of such notice, and a certificate of the clerk that no return has been filed, the respondent may enter an order v/ith the clerk dismissing the appeal for want of prosecution, with costs; and the court below may thereupon proceed as though there had been no appeal. Rule III. Farther return may be ordered.?If the return made by the clerk of the court below shall be defective, either party may, on an affidavit specifying the defect, apply to one of the judges of this court for an order that the clerk make a further return without delay. Rule IV. Attorneys awl guardians below to continue to act.?The attorneys and guardians ad htem of the respective parties in the court below, shall be deemed the attorneys and guardians of the same parties respectively in...


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Product Details
  • ISBN-13: 9781459006935
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 108
  • Spine Width: 6 mm
  • Width: 189 mm
  • ISBN-10: 1459006933
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 209 gr


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The Code of Procedure of the State of New York, as Amended to 1867; With the Revised Rules of the Courts, and a Full Index
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