Supreme Court of New York

Supreme Court of New York

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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. 1899 edition. Excerpt: Supervisors (135 N. Y., 522, at p. 534), where it was stated: "I'mlcr the provisions of the Code of Civil Procedure (sees. 721, 722, 723 and 1!)!7) the Court has ample authority to grant amendments either to an alternative or peremptory writ of mandamus in furtherance of justice. The Special Term, having the parties: before it, could have amended this writ by striking out the command as to the quad ballots and could have enforced the writ as thus amended." Section 2082 of the Code of Civil Procedure provides: "Except as otherwise expressly prescribed in this act, the proceedings, after issue is joined, upon the facts or upon the law, are in all respects the same as in an action; and each provision of this act, relating' to the proceedings in an action, apply thereto. For the purpose of the application, the writ, the return and the demurrer, are deemed to be pleadings in an action.' Section 1997, above referred to in 135 X. Y., 522, provides: / "The final determination of the rights of the parties to a special proceeding instituted by State writ is styled a final order. The provisions of this act, relating to amendments, motions and intermediate orders, in an action, are applicable to similar acts in such a special proceeding; except where special provision is otherwise made therein, or where the proceed inij is repugnant to the object of the Stale writ or the mode of procedure thereunder." Section 2080 further provides: " The provisions of title second of chapter "sixth of this act apply to the writ and the return, except "that it is not necessary to serve a copy of either upon the "attorney for the adverse party or to verify either, and ' that neither can be amended without more

Product details

  • Paperback | 348 pages
  • 189 x 246 x 18mm | 621g
  • United States
  • English
  • black & white illustrations
  • 1236927966
  • 9781236927965