Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York, Svazek 53William Gould & Son, 1877 |
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Strana 199
... resident judge― Res adjudicata — Appeal . The application for the discharge of an imprisoned debtor , under the fifth article of title 1 , chapter 5 , part 2 of the Revised Statutes , must be made to certain officers specified , and ...
... resident judge― Res adjudicata — Appeal . The application for the discharge of an imprisoned debtor , under the fifth article of title 1 , chapter 5 , part 2 of the Revised Statutes , must be made to certain officers specified , and ...
Strana 200
... res adjudicata is applicable to these proceed- ings ( See opinion of general term , 10 Hun , 253 ) . Vedder Van Dyck , counsel for petitioner and appellant , argued the following points among others : I. Petitioner appealed to general ...
... res adjudicata is applicable to these proceed- ings ( See opinion of general term , 10 Hun , 253 ) . Vedder Van Dyck , counsel for petitioner and appellant , argued the following points among others : I. Petitioner appealed to general ...
Strana 202
... res adjudicata . Petitioner submits that this was error , for the following reasons : 1. There was no evidence to sustain this objection . It is elementary law that to establish said objection it must appear that the former decision was ...
... res adjudicata . Petitioner submits that this was error , for the following reasons : 1. There was no evidence to sustain this objection . It is elementary law that to establish said objection it must appear that the former decision was ...
Strana 203
... res adjudicata is not applicable to a proceeding under article 5 . The maxim , " nemo debit bis vexari pro eadem causa , " upon which the doctrine is founded , suggests its limitations . The Matter of Roberts . respective rights of the ...
... res adjudicata is not applicable to a proceeding under article 5 . The maxim , " nemo debit bis vexari pro eadem causa , " upon which the doctrine is founded , suggests its limitations . The Matter of Roberts . respective rights of the ...
Strana 209
... res adjudicata applies . The peti- tioner should have either moved to open those proceedings and for leave to amend the same , or have appealed from the order as entered , or by writ of certiorari , have removed those proceedings to the ...
... res adjudicata applies . The peti- tioner should have either moved to open those proceedings and for leave to amend the same , or have appealed from the order as entered , or by writ of certiorari , have removed those proceedings to the ...
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A. T. Stewart affidavit affirmed agreement alleged allowed amount answer appeal application assignment attorney Bank bankrupt cause of action claim Code commenced complaint contract conveyance corporation costs counsel counter-claim court of equity creditors damages David Moral debt deed defendant defendant's demurrer Digest discharge dower duly entitled equity evidence examination execution executor fact filed fraud fraudulent granted ground Held Helmbold husband imprisonment insolvent intent interest issue James Meehan judge judgment debtor juror jury letters testamentary lien LIII Matter ment mortgage motion notice owner paid party payment person petition petitioner plaintiff premises proceedings promissory note proof purchase question real estate received recover reference rendered res adjudicata Revised Statutes scire facias special term supreme court testator thereof tiff tion trial trust usury Utica verdict wife Willet York