Search -
General Rules of Practice, Supreme Court, With Rules, Court of Appeals and Other Courts
General Rules of Practice Supreme Court With Rules Court of Appeals and Other Courts Author:New York General Books publication date: 2009 Original publication date: 1878 Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million book... more »s for free. Excerpt: KULES OF COURT. RULES GENERALLY. Authority for making rules. -- Court of Appeals. Code, § 193. Other courts of record. Code, § 17. Rules must be published. Code, § 18. Only a convention of judges can make general rules. Matter of Bowery, 19 Barb. 591. General principles. -- Rules prevail over previous decisions. Havemeyer v. Ingersoll, 12 Abb. N. S. 301; and see Miller v. Stettiner, 7 Bosw. 695. When may be disregarded. Clark v. Brooks, 26 How. 285; but see Bat- terthall v. Davis, 23 How. 383. Effect of rules upon statutes. Olenny v. StedweU, 64 N, Y. 120. Effect of rules in construction of statute. Myers v. Feeter, 4 How. 241. Must be consistent with Code. Bice v. Ehele, 55 N. T. 518, 524; rev'g 65 Barb. 185; 46 How. 153; Lakey v. Cogswell, 3 C. R. 116. Construction of rules of supreme court not reviewed in court of appeals. Marline v. Lowenstein, 4 Week. Dig. 146, Ct. of App. No implied delegation of legislative powers in authority to make. Winston v. English, 14 Abb. N. 8. 125. If existing rules do not apply, practice of the English courts governs. Miller v. Stettiner, 22 How. 518; s. c. 7 Bosw. 695; Dubois v. Phillips, 5 Johns. 235. chapter{Section 4 COURT OF APPEALS. Right of appeal as limited by amount in controversy. Code, § 191, flubd. 3. Onus upon respondent. -- The onus is upon respondent to show that the case is not appealable. People v. Horton, 64 N. T. 58. Amount in controversy. -- In other actions than those specified in second paragraph of subdivision 3, whole case will be examined to determine amount in controversy. Roosevelt v. Linkert, 3 Week. Dig. 587. How determined ...« less