The Code of Procedure, of the State of New York, as Amended to 1864; With Notes, an Appendix, and Index - Softcover

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1864 Excerpt: ... shall be made of course by the default of the defendant, or in consequence of any neglect to appear at the hearing of the cause, or by consent. And every such cause shall be heard after the trial of the issue, or upon the coming in of the proofs, at a special term of the court; but where no person appears on the part of the defendants, the details of the evidence in adultery causes shall not be read in public, but shall be submitted in open court. No officer of this court with whom the proceedings in an adultery cause are filed, or before whom the testimony is taken, nor any clerk of such officer, either before or after the termination of the suit, shall permit a copy of any of the pleadings or testimony, or of the substance of the details thereof, to be taken by any other person than a party, or the attorney or counsel of a party, who has appeared m the cause, without a special order of the court. No judgment in an action for divorce shall be entertained except upon the special direction of the court. a. The court will not grant a decree for divorce, upon a complaint to which no answer has been interposed, until after an inspection of the complaint, proof, and the affidavit of service of the summons (Itobiiuon v. JMaruon, 1 Barb. 27). RULE 92. Receiver of (hbtors estate. When aUowid his cost. May sell doubtful claims at auction. Every receiver of the property and effects of the debtor shall, unless restricted by the special order of the court, have general power and authority to sue for and collect all the debts, demands, and rents belonging to such debtor, and to compromise and settle such as are unsafe and of a doubtful character. He may also sue in the name of a debtor, where it is necessary or proper for him to do so; and he may apply for and obtain au...

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