Practice Reports in the Supreme Court and Court of Appeals, Volumen17Joel Munsell, 1859 |
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Página 21
... demands , and an or- der entered , referring the matters in controversy to said persons to hear , deter- mine and award the same — the administrator #hroughout the proceedings occu- pying the position of plaintiff . Held , that whatever ...
... demands , and an or- der entered , referring the matters in controversy to said persons to hear , deter- mine and award the same — the administrator #hroughout the proceedings occu- pying the position of plaintiff . Held , that whatever ...
Página 22
... demand against James Akely , for money lent and advanced by deceased to James Akely , for $ 150 and interest ; also for the amount of a prom issory note held by deceased against said James Akely for $ 150 or thereabouts with interest ...
... demand against James Akely , for money lent and advanced by deceased to James Akely , for $ 150 and interest ; also for the amount of a prom issory note held by deceased against said James Akely for $ 150 or thereabouts with interest ...
Página 27
... demands of the administra- tor should be of a similar or kindred character to those of the claimant . I am aware that the Code ( section 270 ) authorizes a reference of any of the issues in an action . But this is not an action in the ...
... demands of the administra- tor should be of a similar or kindred character to those of the claimant . I am aware that the Code ( section 270 ) authorizes a reference of any of the issues in an action . But this is not an action in the ...
Página 32
... demands , or any of them . The relief they ask is , that the mortgage be adjudged frau- dulent and void as to the plaintiffs , and that it be cancelled and discharged of record ; that the receiver be directed to sell the premises and to ...
... demands , or any of them . The relief they ask is , that the mortgage be adjudged frau- dulent and void as to the plaintiffs , and that it be cancelled and discharged of record ; that the receiver be directed to sell the premises and to ...
Página 35
... demands . The plaintiffs , however , do complain of the neglect of the receiver ; and it seems to me that they have a right to take this position , and to maintain this action upon the ground that the receiver will not act in the ...
... demands . The plaintiffs , however , do complain of the neglect of the receiver ; and it seems to me that they have a right to take this position , and to maintain this action upon the ground that the receiver will not act in the ...
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Términos y frases comunes
affidavit affirmed Albany alleged allowed amended amount application assignment attorney authority Bank barratry bond and mortgage Cadmus cause of action charge choses in action circuit city of New-York claim clerk Code commenced common law complaint comptroller constitution contract corporation costs counsel county court court of appeals court of equity coverture creditors debt decision declared defendant defendant's demurrer entered entitled equity evidence execution facts fees fendant filed foreclosure fraud granted ground held husband indorser intended issued judge judgment jurisdiction jury Justice legislature liability lien ment motion nonsuit notice objection opinion order of arrest parties payment person plaintiff possession premises proceedings proceeds promissory note provisions question real estate received recover referee remittitur RICHARD BUSTEED rule separate estate sheriff sufficient suit summons SUPREME COURT Taylor and Brennan thereof tion trial verdict Wend wife
Pasajes populares
Página 496 - ... 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 neglect...
Página 39 - Such parts of the common law, and of the acts of the Legislature of the Colony of New York, as together did form the law of the said Colony...
Página 53 - The Legislature may, on application of the board of supervisors, provide for the election of local officers, not to exceed two in any county, to discharge the duties of county judge and of surrogate, in cases of their inability, or of a vacancy, and to exercise such other powers, in special cases, as may be provided by law.
Página 79 - 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.
Página 325 - January, one thousand eight hundred and fifty, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind, contracted after the said first day of January, one thousand eight hundred and fifty.
Página 20 - To give any binding effect to a judgment, it is essential that the court should have jurisdiction of the person, and of the subject matter; and the want of jurisdiction is a matter that may always be set up against a judgment, when sought to be enforced, or when any benefit is claimed under it. The want of jurisdiction makes it utterly void and unavailable for any purpose.
Página 105 - ... provided by law, in relation to the distribution of personal property, left by persons dying intestate; and in every such action the jury may give such damages as they shall deem fair and just, with reference to the pecuniary injury resulting from such death to the wife and next of kin of such deceased person: provided, that every such action shall be commenced within two years after the death of such deceased person.
Página 276 - ... no person shall be deprived of his property without due process of law, because I think it may be disposed of on the first constitutional right or privilege suggested.
Página 395 - ... the amount directed to be paid by the judgment, or the part of such amount as to which the judgment shall be affirmed...
Página 563 - When the action is between herself and her husband, she may sue or be sued alone; 3.