PRACTICE MANUAL OF NEW YORK CONTAINING THE OFFICIAL EDITIONS OF Civil Practice Act, Rules of Civil Practice, Surrogate's And Court Rules of Court of Appeals, Appellate Divisions AS AMENDED TO END OF 1927 APPLIED AND ANNOTATED ALPHABETICALLY (100,000 Cases decided under Civil Practice Act, Code of Civil FIFTH EDITION EDITED AND ANNOTATED BY NEW YORK NEW YORK and ALBANY MATTHEW BENDER & COMPANY L31242 MAR 2 5 1949 Copyright, 1922, by Copyright, 1923, 1924, 1925, 1926, 1927, by Incorporated BAKER, VOORHIS & COMPANY J. B. LYON COMPANY GENERAL PRINTERS CLEVENGER'S PRACTICE MANUAL OF NEW YORK is designed to give all the law in one place under one heading and thereby to answer instantly, exactly and exhaustively all practice questions, thus serving the daily needs of the busy lawyer by saving his time. SUCH DESIGN IS MADE FEASIBLE BY THE FOLLOWING FEATURES: Star (); its use explained. The use of a Star (*) makes it feasible to annotate both affirmative and negative cases in one place under one heading by using only affirmative headings, like "Particulars granted," and by using the Star () to denote the negative, like "Particulars 'not' granted." New text matter shown in italics or brackets. New text matter added in 1920-1922 is shown in brackets. New text matter added in 1923-1927 is shown in italics. ACTS OR RULES AMENDED IN 1927- New York City Court Act: none since 1926. Rules of Civil Practice: none since 1926. ACTS OR RULes amended IN 1926— Justice Court Act: none since 1924. New York City Municipal Court Code: Rent Laws: See Rent Laws. ACTS OR RULES AMENDED IN 1925— Court of Claims Act: none since 1924. New York City Municipal Court Code: §§ 1, Rent Laws: none since 1924. Rules of Civil Practice: none since December 30, 1922. Surrogate's Court Act: 88 21, 26, 54, 118, 138, 141, 153, 180, 262, 278, 287. ACTS OR RULES AMENDED IN 1924Civil Practice Act: §§ 46, 67, 97-a new, 119, 182, 319, 338-a new, 385, 407, 469, 567, 1011-a, 1082, 1088-a new, 1146-a, 1160, 1403, 1410, 1421, 1425, 1425-a new, 1551, 1557-a. Court of Claims Act: §§ 2, 27. Justice Court Act: §§ 5-a, 183, 336, 447. Rules of Civil Practice: none since Decem- Surrogate's Court Act: §§ 18, 26, 40, 70, 180, 190, 205, 206, 279, 287. ACTS OR RULES AMENDED IN 1923- Court of Claims Act: §§ 20, 21, 28, 28-a. Rules of Civil Practice: rr. 6, 10, 53, 115, Surrogate's Court Act: §§ 21, 29, 30, 111, 118, 130, 139, 161, 167, 188, 205, 231-a, 236, 278, 279, 284, 285, 287, 311. ANNOTATED ALPHABETICALLY- -Annotations close: with cases reported in 218 Appellate Division and 128 Miscellaneous. Alphabetic Annotations. The simplest, most scientific system yet devised for annotating statutes is Clevenger's System of Alphabetic Annotations." Such system, aided by the most modern typography, makes all points of all cases instantly accessible and gives within the same space thrice as much information as any other system. -Analytic and Alphabetic Index Combined. Every point of every reported case, the precise point decided as well as the principle applied, is annotated alphabetically by using a Head Note and an Index Reading Note, aided by the special use of the simple device of a Star (*). Every Head Note is made from some part of the Section annotated, and is arranged logically. Every Index Reading Note is indexed to show the subject matter decided, and is arranged alphabetically. Such Head Note and its Index Reading Note or Notes, always read together, state completely the precise point decided and so furnish both a logical analysis and an alphabetic index, thereby aiding ready reference. -Answers Instantly All Practice Questions. Every annotation, consisting always of a Head Note and its Index Reading Note, always read together, is suitably concise yet completely comprehensive without reference to the reported opinion. Alphabetic Annotations, consisting of such Head Notes and Index Notes and of their combined analytic and alphabetic indexes, aided by the most modern typography, collate and classify all cases and exemplify all points and so answer all practice questions, instantly, exactly and exhaustively, thereby saving much time. -Star (*); Its Use Explained. The special use of the simple device of a Star (*) makes it feasible, for the first time, to annotate both affirmative and negative cases in one place under one heading and to discard the unscientific system, heretofore followed by all, of annotating the same or similar matters under both affirmative and negative headings, like "Particulars granted" and "Particulars 'not' granted," of dividing contrary views of the same or similar facts, even of separating conflicting cases on precisely the same point, and of requiring the lawyer to read all the cases under both headings to find all the law. Such unscientific division of matter, caused by using both affirmative and negative headings, may be avoided by using only one heading, namely, by using only affirmative headings and by using the Star (*) to denote the negative. So herein every heading or Head Note is affirmative, like "Particulars granted 99 or like Particulars sufficient," the negative being denoted by the Star (*), placed just before the case cited, which means, reading "Not" into the affirmative Head Note, "Particulars 'not' granted" or 66 Particulars 'not' sufficient." Thus all unstarred cases show what particulars are granted and all starred cases show what particulars are "not 99 granted. -Star; Its Use Illustrated. Every Annotation consists of a Head Note and an Index Reading Note, always read together. A single Head Note often has several Index Reading Notes; in such case the Head Note is read with each Index Reading Note. If a case is starred (*), read "Not" always into the Head Note but never into the Index Reading Note. In the following illustration, the Head Note, "Defenses; particulars granted," is read with each of the three Index Reading Notes, in dexed " Contributory Negligence," "Pay ment" and " Statute of Limitations," and, as so read, they show, in one-third the usual space, that in the Peterson and Maeuer cases Particulars of the defense of contributory negligence were granted in cases of injuries within both federal and state employers' liability acts," that in the Sittig case "Particulars of the defense of payment to a corporation, officer to whom paid, were granted" but that in the Ebin case (starred) "Particulars of the defense of payment to individual were 'not' granted," and that in the Rosenstock case (also starred) "Particulars of the defense of the statute of limitations were also 'not' granted." DEFENSES; PARTICULARS GRANTED— Contributory negligence-Federal employers' liability act: injury within such act (Peterson 190 NYS 883). -State employers' liability act: injury within such act (Maeuer 115 Mis 70, 188 NYS 19, aff 189 NYS 948). Payment -To corporation: officer to whom paid (Sittig 130 AD 689, 115 NYS 332). -To individual: (*Ebin 177 AD 459, 164 NYS 284). Statute of limitations: (*Rosenstock 40 AD 620, 58 NYS 145). JOSEPH R. CLEVENGER, Woolworth Building, New York. |