The Code of Procedure of the State of New York, Unabridged: Including All the Sections in Full as Originally Passed and Amended to and Including 1867 ; with Full and Copious NotesHoward & Stover, 1867 - Počet stran: 944 |
Vyhledávání v knize
Výsledky 6-10 z 100
Strana 59
... facts , and not the mere evidence of facts , so as to present nothing but questions of law . In Thompson agt . Kessel , 30 N. Y. R. , 383 , March , 1864 , JOHNSON , J. , it was decided that exceptions to a referee's findings of fact ...
... facts , and not the mere evidence of facts , so as to present nothing but questions of law . In Thompson agt . Kessel , 30 N. Y. R. , 383 , March , 1864 , JOHNSON , J. , it was decided that exceptions to a referee's findings of fact ...
Strana 62
... facts found by him can only be reviewed , in order to see whether his conclusions of law are correct . But a wrong conclusion by a referee upon a mere question of fact cannot be reviewed by this court . Questions of fact . 23. There are ...
... facts found by him can only be reviewed , in order to see whether his conclusions of law are correct . But a wrong conclusion by a referee upon a mere question of fact cannot be reviewed by this court . Questions of fact . 23. There are ...
Strana 65
... fact by the jury , that fact and all the other facts , upon which the legal rights depend as they are presented in the pleadings , present the whole case for review . 98. Every reasonable presumption in support of the decision will be ...
... fact by the jury , that fact and all the other facts , upon which the legal rights depend as they are presented in the pleadings , present the whole case for review . 98. Every reasonable presumption in support of the decision will be ...
Strana 86
... fact and law , and in the confirma- tion of the report , the supreme court act as the supreme court of the constitution , and not as a subordinate tribunal . And an appeal authorized by the act of 1854 is to the same supreme court in ...
... fact and law , and in the confirma- tion of the report , the supreme court act as the supreme court of the constitution , and not as a subordinate tribunal . And an appeal authorized by the act of 1854 is to the same supreme court in ...
Strana 138
... fact found by the evidence before the justice or a jury . Consequently , the supreme court cannot , on appeal from the judgment of the county court , review such evidence on mere questions of fact . The words " of fact " added to this ...
... fact found by the evidence before the justice or a jury . Consequently , the supreme court cannot , on appeal from the judgment of the county court , review such evidence on mere questions of fact . The words " of fact " added to this ...
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The Code of Procedure of the State of New York, Unabridged: Including All ... New York (State) Náhled není k dispozici. - 2019 |
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adjournment adverse possession affidavit amended answer application appointed assignment assignor attachment attorney authority Barb bond brought cause of action chose in action claim clerk Code commenced common law common pleas complaint constable contract corporation costs county court county judge court of appeals court of chancery court of common court of equity creditors damages debt debtor December decided decision defendant demand docket E. D. Smith entitled equity evidence execution executor filed held husband indorsement infant issue jurisdiction jury justice justice's court lands liable lien maintain an action marine court married woman ment mortgage motion oyer and terminer party payment peace plaintiff pleadings possession promissory note prosecuted provisions question recover remittitur resident Revised Statutes right of action separate estate Special Term statute of limitations sued suit summons superior court supreme court thereof tion trial trustee United States court verdict wife York
Oblíbené pasáže
Strana 602 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Strana 515 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Strana 394 - 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 448 - ... die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Strana 430 - An action against a Sheriff, Coroner or Constable, upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution.
Strana 433 - In an action brought to recover a balance due upon a mutual, open and current, account where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Strana 447 - Within the age of twenty-one years ; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for...
Strana 266 - In an action or defence founded upon an account or instrument for the payment of money only, it shall be sufficient for a party to deliver the account or instrument to the court, and to state that there is due to him thereon from the adverse party a specified sum, which he claims to recover or set off.
Strana 84 - ... may be removed by the Senate, on the recommendation of the Governor ; but no removal shall be made by virtue of this section, unless the cause thereof be entered on the journals...
Strana 153 - The jurisdiction of the superior court of the city of New York, of the court of common pleas for the city and county of New York, of the mayors' courts of cities, and of the recorders' courts of cities, shall extend to the following actions : 1.