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 39
... seems to have been but little considered . The court before whom it was brought had just denied the same re- lief on motion ; or rather had granted it on terms which the ap- plicant would not accept , and although the court said they ...
... seems to have been but little considered . The court before whom it was brought had just denied the same re- lief on motion ; or rather had granted it on terms which the ap- plicant would not accept , and although the court said they ...
Strana 40
... seem in the absence of express contract to take the place of it , and an action for not preserving the property ... seems to have arisen from the difficulty in ascertaining which constituted the basis of the action , the cus- tom or ...
... seem in the absence of express contract to take the place of it , and an action for not preserving the property ... seems to have arisen from the difficulty in ascertaining which constituted the basis of the action , the cus- tom or ...
Strana 41
... seems to relieve us of all doubts , and leads to the conclusion that this is not an action for an injury to prop- erty . The relator was not liable to arrest by the judgment as entered , at any rate , without an order from a judge ; and ...
... seems to relieve us of all doubts , and leads to the conclusion that this is not an action for an injury to prop- erty . The relator was not liable to arrest by the judgment as entered , at any rate , without an order from a judge ; and ...
Strana 77
... seems to me to be this : When the court is called upon to extend an indulgence to the defendant , can it be called upon to amend a pleading also , or treat it as made , when the defence is one of this character ? I think not . 3. But if ...
... seems to me to be this : When the court is called upon to extend an indulgence to the defendant , can it be called upon to amend a pleading also , or treat it as made , when the defence is one of this character ? I think not . 3. But if ...
Strana 85
... seems to have been raised only after this suit was brought ; if presented in due time , it may well be that C. could have obviated it by re- leases . He was , at all events , entitled to have notice of the ob- jection before a suit was ...
... seems to have been raised only after this suit was brought ; if presented in due time , it may well be that C. could have obviated it by re- leases . He was , at all events , entitled to have notice of the ob- jection before a suit was ...
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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.