New Trials and Appeals; Or, the Rules of Practice Applicable to the Review of Judicial Determinations in Civil Actions and in Special Proceedings, Under the Code of Civil Procedure, with an Appendix of Forms

New Trials and Appeals; Or, the Rules of Practice Applicable to the Review of Judicial Determinations in Civil Actions and in Special Proceedings, Under the Code of Civil Procedure, with an Appendix of Forms

By (author) 

List price: US$22.40

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...and proof that an undertaking given as prescribed in chapter twelfth of the Code has been filed with the clerk with whom the judgment appealed from is entered, shall be entitled to an order staying all proceedings to enforce such judgment, until the granting or refusal of such leave to appeal by such Appellate Division or a judge of the Court of Appeals. (Code of Civil Pro. 1310.) SECTION II. TAKING AND Psarecrmo AN APPEAL 'ro THE Comm' or APPEALS. Time within which the appeal must be taken.--An appeal to the Court of Appeals from a final judgment must be taken within one year after final judgment is entered upon the determination of the Appellate Division of the Supreme Court, and judgment-roll filed. An appeal to the Court of Appeals from the an order must be taken within sixty days after service of a copy of the order appealed from and a written notice of the entry thereof. (Code of Civil Pro. I325.) Where the appeal is from a final judgment, the review of an interlocutory judgment or of an intermediate order which is specified in the notice of appeal is not affected by the expiration of the time within which separate appeal might have been taken therefrom (Id. I316). nor does the expiration of the time within which to take an original appeal from the determination of the Appellate Division affirming an interlocutory judgment or refusing a new trial, impair the right of the respondent to review such determination by cross-appeal, where the adverse party has appealed to the Court of Appeals from a final judgment taken, after such determination, at a Special or Trial Term, or pursuant to the directions of a referee. (Id. 1350.) The time within which either party may appeal to the Court of Appeals from a...show more

Product details

  • Paperback | 308 pages
  • 189 x 246 x 17mm | 553g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236854047
  • 9781236854049