Reports of Practice Cases, Determined in the Courts of the State of New York, Svazek 11John Voorhies, 1868 |
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Strana xi
... Exercise of , not reviewable ............ .. 17 Dismissal of Complaint - for neglect to prosecute 84 in an equitable action should be without prejudice .. Divorce - fraudulent concealment of former divorce not a ground for annulling mar ...
... Exercise of , not reviewable ............ .. 17 Dismissal of Complaint - for neglect to prosecute 84 in an equitable action should be without prejudice .. Divorce - fraudulent concealment of former divorce not a ground for annulling mar ...
Strana 20
... exercise of this power . It appears not to have been contemplated that any review should be had of its exercise . We have examined , with considerable care , to find any ad- judicated case where the courts have exercised the power to ...
... exercise of this power . It appears not to have been contemplated that any review should be had of its exercise . We have examined , with considerable care , to find any ad- judicated case where the courts have exercised the power to ...
Strana 21
... exercise of judicial functions , and that it was not reviewable by mandamus . ( People on rel . Peabody a . Attorney- General , 13 How . Pr . R. , 179. ) The Code ( § 432 ) makes it the duty of the attorney - general to determine ...
... exercise of judicial functions , and that it was not reviewable by mandamus . ( People on rel . Peabody a . Attorney- General , 13 How . Pr . R. , 179. ) The Code ( § 432 ) makes it the duty of the attorney - general to determine ...
Strana 22
... exercise of that authority cannot be reviewed in any respect , and the judgment which such jurisdiction may render is con- clusive , unless the right of appeal or review has been expressly given by law . The authorities cited from ...
... exercise of that authority cannot be reviewed in any respect , and the judgment which such jurisdiction may render is con- clusive , unless the right of appeal or review has been expressly given by law . The authorities cited from ...
Strana 23
... exercise of the right of remo- val was a ministerial power , and therefore subject to judicial review in the courts , where issues for trial can be framed , and evidence produced and examined . From our examination of the case , without ...
... exercise of the right of remo- val was a ministerial power , and therefore subject to judicial review in the courts , where issues for trial can be framed , and evidence produced and examined . From our examination of the case , without ...
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31 Barb affidavit alleged amendment amount answer appeal application appointed arrest assignment attorney authority Bettman Bosw cause of action certiorari claim Code commenced commissioners committed Common Pleas complaint Constitution contract corporation costs counsel Court of Chancery court of equity creditors damages debt decision declared defendant demurrer entitled equity execution facts fendant Fourth avenue fraud granted ground guardian ad litem habeas corpus held intended issue judge judgment judicial jurisdiction jury justice land Legislature liable mandamus Marine Court matter Mayor ment motion N. Y. 7 Smith N. Y. Superior Ct object Oyer and Terminer Paige party payment person plaintiff possession premises proceedings provision purchase question recover reference Revised Statutes sheriff special term Stat suit Supervisors Supreme Court Supreme Ct testator thereof tion trial void Wend writ writ of assistance York
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Strana 351 - State, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...
Strana 420 - 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 264 - The judges of the Court of Appeals and justices of the Supreme Court shall severally receive at stated times for their services, a compensation to be established by law, which shall not be increased or diminished during their continuance in office.
Strana 106 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Strana 388 - 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.
Strana 307 - SECRETARY OF STATE OF THE UNITED STATES. " To all to whom these presents may come, greeting : " Know ye that the Congress of the United States...
Strana 244 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Strana 31 - Massachusetts, party of the second part, witnesseth : That the said party of the first part, for and in consideration of the sum of one dollar, lawful money of the United States of America, to him in hand paid, by the said party of the second part...
Strana 351 - Good name in man and woman, dear my lord, Is the immediate jewel of their souls : Who steals my purse, steals trash ; 'tis something, nothing ; 'Twas mine, 'tis his, and has been slave to thousands : But he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed, Oth.
Strana 140 - ... on the due payment of the freight or fare legally authorized therefor ; and shall be liable to the party aggrieved, in an action for damages, for any neglect or refusal in the premises.