Practice Reports in the Supreme Court and Court of Appeals, Volumen5Joel Munsell, 1851 |
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Página 38
... Court of Chancery before judgment and execution . In that case , however , it is held otherwise , and upon grounds which I confess appear to me to be well taken . Dillon agt . Horn and Moring . My embarrassment is 38 NEW - YORK PRACTICE ...
... Court of Chancery before judgment and execution . In that case , however , it is held otherwise , and upon grounds which I confess appear to me to be well taken . Dillon agt . Horn and Moring . My embarrassment is 38 NEW - YORK PRACTICE ...
Página 44
... chancery practice . Although the distinction between law and equity has been abolished , still it will rarely happen , except in those causes of action which were formerly of equitable cog- nizance , that redundant or impertinent matter ...
... chancery practice . Although the distinction between law and equity has been abolished , still it will rarely happen , except in those causes of action which were formerly of equitable cog- nizance , that redundant or impertinent matter ...
Página 48
... Court for the Correction of Errors , to the Court of Appeals ; of the old Court of Chancery and of the Supreme Court , to the new Supreme Court ; and to give to the County Courts the same general powers in all cases where they had ...
... Court for the Correction of Errors , to the Court of Appeals ; of the old Court of Chancery and of the Supreme Court , to the new Supreme Court ; and to give to the County Courts the same general powers in all cases where they had ...
Página 110
... Court of Chancery , would be re- strained , and the plaintiff compelled to come there for justice . ( In the matter of Heller , an idiot , 3d Paige , 199 ) . A judgment at law , in an action commenced without such leave , would be of no ...
... Court of Chancery , would be re- strained , and the plaintiff compelled to come there for justice . ( In the matter of Heller , an idiot , 3d Paige , 199 ) . A judgment at law , in an action commenced without such leave , would be of no ...
Página 128
... Court to which we were referred , both are based upon the idea that the writ of ne exeat has merely the office of the ... Chancery , 4 B ) . In the reign of Eliza- beth it was applied to civil purposes in aid of the administration of ...
... Court to which we were referred , both are based upon the idea that the writ of ne exeat has merely the office of the ... Chancery , 4 B ) . In the reign of Eliza- beth it was applied to civil purposes in aid of the administration of ...
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Términos y frases comunes
affidavit alleged allowed amend amount answer appeal application arrest assignment attorney authority bill Canal Bank cause of action certiorari chancery church claimed clerk Code codefendant commenced common law complaint contract corporation costs counsel county judge Court of Chancery creditors damages debt debtor decision defendant's demurrer denied entitled equity evidence examination execution facts favor fendant filed given granted ground held injunction intended issue judgment judgment debtor jurisdiction jury Justice legislature lien matter ment motion ne exeat notice objection paid party payment person place of trial plaintiff in error pleading proceedings promissory note provisional remedy question Rail Road reason received recover referred remedy rendered replevin reside Revised Statutes rule served sheriff Special Term statute of frauds suit summons SUPREME COURT Suydam taken tenant thereof tion trust twenty days Van Benthuysen venue Wend witness writ
Pasajes populares
Página 311 - Service by mail may be made, where the person making the service, and the person on whom it is to be made, reside in different places, between which there is a regular communication by nail SEC.
Página 101 - 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.
Página 100 - 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.
Página 6 - A statement of the facts constituting the cause of action, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
Página 468 - If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made.— 1873-306.
Página 412 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Página 102 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Página 309 - An order made out of court, without notice to the adverse party, may be vacated or modified, without notice, by the judge who made it; or may be vacated or modified on notice, in the manner in which other motions are made.
Página 312 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable npglect, and may supply an omission in any proceeding...
Página 101 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...