Page images
PDF
EPUB

Courts of special sessions

- Const. Art. VI, 8 23

other local judicial officers provided for in sections seventeen and eighteen, in office when this article takes effect, shall hold their offices until the expiration of their respective terms.

Abolition of office of police justice in New York City, held not in violation of this section. Koch v. Mayor (1897), 152 N. Y. 72; Stenson v. Koch (1897), 152 N. Y. 87; Matter of Quinn (1897), 152 N. Y. 89.

Courts of special sessions. - $ 23. Courts of Special Sessions shall have such jurisdiction of offenses of the grade of misdemeanors as may be prescribed by law.

Section is not limited to offenses of the grade specified created by statute after the adoption of such section. People ex rel. v. Dutcher (1880), 83 N. Y. 240.

GENERAL RULES OF PRACTICE

THE GENERAL RULES OF PRACTICE

GENERALLY APPLICABLE TO ALL COURTS,

EXCEPT THE COURT OF APPEALS

As amended by the justices assigned to the Appellate Division in Conven

tion held at Albany on the first day of April, 1910, and in force Sept. 1, 1910.

RULE

1. Application for admission as attorneys.
2. Papers, where filed; papers served to be indorsed.
3. Motion papers to be specified in order and filed; effect of fail-

ure to file; entry of order.
4. Bonds and undertakings to be filed; petition and affidavit in

proceedings for injunction; attachment, order of arrest, etc. 5. Justification of sureties; acknowledgment of bonds, attorney not

to be surety. 6. Return of sheriff or other officer, how compelled. 7. Books to be kept by clerks of courts. 8. Judgments only to be entered and docketed during office hours. 9. Entry of appearance. (Repealed Apr. 1, 1910, in effect Sept. 1,

1910.) 10. Substitution of attorneys. 11. Agreements between parties or attorneys to be in writing. 12. Consents for payment of money out of court. 13. Orders of arrest, injunction and attachment. 14. When discovery of books, papers and documents may be com

pelled. 15. Form of application for discovery of books, papers, etc. 16. Contents of order; order operates as a stay of proceedings. 17. Application for a subpæna to compel the attendance of a wit

ness to obtain testimony under depositions taken within the

state, and proceedings thereon. 18. Proof of service of summons, when not made by sheriff; in di

vorce cases.
19. Pleadings and other papers to be folioed; must be legible; ob-

jections, when waived; allegations to be marked.
20. Service and settlement of interrogatories.
21. Non-enumerated motions, when to be noticed.
22. Notice of motion to strike out irrelevant matter.
23. Affidavits of merits.

« PreviousContinue »