The Law And Practice in Special Proceedings : And in Special Cases, Within the Courts, Etc. of the State of New York : With An Appendix of Forms
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In drawing the bill of particulars, care must be taken to include all the items of the plaintiff's claim; as he will not be permitted to recover for any work, &c., not included in it. 3 AU. Pr. R. 475 ; s.c.Z K D. Smith, t.22. Proceedings in case of Owner's difault.] In case the owner, or other person notified, shall not appear at the time 220 LIEN LAW: NEW YORK CITY. [CH VTI. and place specified in the notice served, and submit to an accounting in pursuance of the statute, and the proceedings ...are pending in the court of Common Pleas, on filing with the county clerk, an afiidavit of the service of such notice, and of the default of the defendants to appeal-, the court will order a writ of inquiry to issue, or appoint a referee to assess the damages therein. And the subsequent proceedings are to lie conducted as in other actions pending in that court. Laws q/'1851,jp. 953, secA\ and Laws of l^^o, p. 760, sec. 6. If the proceedings are pending in the Marine Court, or in a district court, a like affidavit of the service of the notice, and of the default of the defendants, must be filed with the clerk of the court ; and the damages must thereupon be as- sessed by the court.
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