Reports of Practice Cases, Determined in the Courts of the State of New York: With a Digest of All Points of Practice Embraced in the Standard New York Reports ..., Svazek 6J.S. Voorhies, 1858 |
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Strana 13
... entitled to a trial fee below , and costs of the appeal , as provided under section 307 . Benjamin Galbrath , opposed . BOSWORTH , J. - The terms of the general term order import that the costs are to be incorporated in the judgment ...
... entitled to a trial fee below , and costs of the appeal , as provided under section 307 . Benjamin Galbrath , opposed . BOSWORTH , J. - The terms of the general term order import that the costs are to be incorporated in the judgment ...
Strana 20
... entitled either to an order or a commission to examine the defendants Ridner & Wachschla- ger merely in opposition to the defendants ' motion to vacate the order of arrest . Motion denied . WATERBURY a . SINCLAIR . Supreme Court ...
... entitled either to an order or a commission to examine the defendants Ridner & Wachschla- ger merely in opposition to the defendants ' motion to vacate the order of arrest . Motion denied . WATERBURY a . SINCLAIR . Supreme Court ...
Strana 25
... entitled to notice . The case of Spies v . Gilmore ( 1 Comst . , 321 ) is almost identical with the one last cited , the only difference being that in Spies v . Gilmore it was attempted to sustain the action on the ground that the ...
... entitled to notice . The case of Spies v . Gilmore ( 1 Comst . , 321 ) is almost identical with the one last cited , the only difference being that in Spies v . Gilmore it was attempted to sustain the action on the ground that the ...
Strana 31
... entitled to the excise money claimed by them , are omitted , because this question in- volves no matter of practice , and was not passed upon by his associates . ] The question , whether the relators , as overseers of the poor of the ...
... entitled to the excise money claimed by them , are omitted , because this question in- volves no matter of practice , and was not passed upon by his associates . ] The question , whether the relators , as overseers of the poor of the ...
Strana 32
... entitled to the excise money claimed by them , could not be raised by a demurrer to an alter- native writ of mandamus ; and they also concurred in the con- clusion that the defendant should not have costs . The demurrer was thereupon ...
... entitled to the excise money claimed by them , could not be raised by a demurrer to an alter- native writ of mandamus ; and they also concurred in the con- clusion that the defendant should not have costs . The demurrer was thereupon ...
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24 Barb affidavit affirmed alleged amended American Exchange Bank amount answer application appointed assignment attorney averment cause of action certificate claim clerk Code commenced complaint Conover contract corporation costs court of equity creditors Croton Aqueduct damages debt debtor defendant defendant's demurrer denied Devlin District Duer E. D. Smith's C. P. R. entitled evidence examination execution facts fendant filed foreclosure fraud fraudulent Gold Hill granted ground held indorsed intended issued judge judgment jurisdiction jury justice liability lien mandamus ment Metropolitan Police District motion notice objection party payee payment person plaintiff pleading proceedings promissory note provisions purchaser question quo warranto receiver recover referee reference remedy Revised Statutes Seventh Dist sheriff Smith special term stockholders subdivision sufficient summons Supreme Court Supreme Ct thereof Third Dist tion trial usury Wend writ York
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Strana 214 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, "by adding or striking out the name of any party ; or by correcting a mistake in the name of a party ; or a mistake in any other respect...
Strana 90 - State," passed April 12, 1848. Passed April 11,1849. The act entitled " An act to simplify and abridge the practice, pleadings, and proceedings of the courts of this State...
Strana 380 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Strana 403 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Strana 224 - ... be entitled after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office, and it shall be his duty, immediately thereafter, to demand of the defendant, in the action, all the books and papers in his custody or within his power belonging to the office from which he shall have been excluded.
Strana 393 - Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law.
Strana 41 - The defendant may be arrested, as hereinafter prescribed, in the following cases : 1. In an action for the recovery of damages, on a cause of action not arising out of contract, where the defendant is not a resident of the State, or is about to remove therefrom, or where the action is for an injury to person or character, or for injuring, or for wrongfully taking, detaining or converting property.
Strana 147 - If there be no express promise, but a promise is to be raised by implication of law from the acknowledgment of the party, such acknowledgment ought to contain an unqualified and direct admission of a previous, subsisting 'debt, which the party is liable and willing to pay.
Strana 554 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
Strana 439 - In all cases of appeal to the court of appeals, in actions which were originally commenced in the late court of chancery of this State, the court of appeals shall review the cause upon the facts and the law, without any statement or specification of facts found, or any exception taken at the trial of any or either of them.