Reports of Practice Cases, Determined in the Courts of the State of New York: With a Digest of All Points of Practice Embraced in the Standard New York Reports ..., Volumen12J.S. Voorhies, 1861 |
Dentro del libro
Resultados 1-5 de 100
Página 5
... court , should be deemed leave to amend in the pres- ent stage of the action , and does not preclude a right to amend of course , which may arise in a future stage of the action . I. December , 1860. - Motions by defendants to set aside ...
... court , should be deemed leave to amend in the pres- ent stage of the action , and does not preclude a right to amend of course , which may arise in a future stage of the action . I. December , 1860. - Motions by defendants to set aside ...
Página 8
... Court , First District ; General Term , November , 1860 . JURISDICTION . - JUDGMENT ON SERVICE BY PUBLICATION . The Code gives the court no jurisdiction to order service of summons on a non- resident defendant by publication , unless ...
... Court , First District ; General Term , November , 1860 . JURISDICTION . - JUDGMENT ON SERVICE BY PUBLICATION . The Code gives the court no jurisdiction to order service of summons on a non- resident defendant by publication , unless ...
Página 11
... court could have no jurisdiction . 3. Even if the defendants had property in this State at the time , and it had been attached , the court acquired jurisdiction only as to that property , and when that was appropriated , its ...
... court could have no jurisdiction . 3. Even if the defendants had property in this State at the time , and it had been attached , the court acquired jurisdiction only as to that property , and when that was appropriated , its ...
Página 13
... court . ( Hurlbut a . Hope Mut . Ins . Co. , 4 How . Pr . , 275 , per Sill , J. ) II . Evidence that the defendant had paid , satisfied , and dis- charged the cause of action was properly rejected . If he had so paid , there is no ...
... court . ( Hurlbut a . Hope Mut . Ins . Co. , 4 How . Pr . , 275 , per Sill , J. ) II . Evidence that the defendant had paid , satisfied , and dis- charged the cause of action was properly rejected . If he had so paid , there is no ...
Página 15
... court or judge , by affidavit , that such is the fact , nor that it be sworn to in the most positive terms , or by any number of affidavits , but the fact must exist , the defendant must have property here , or the court can have no ...
... court or judge , by affidavit , that such is the fact , nor that it be sworn to in the most positive terms , or by any number of affidavits , but the fact must exist , the defendant must have property here , or the court can have no ...
Otras ediciones - Ver todas
Términos y frases comunes
32 Barb Abbotts affidavit affirmed alleged allowed amend amount answer Ante appeal application assessment assignment attachment attorney authority bail Bosw cause of action certiorari charge claim Code commenced committed Common Council complaint contract corporation costs counsel court of equity creditors damages debt debtor decision defendant defendant's demurrer District entitled evidence execution facts fendant foreclosure fraud fraudulent granted ground habeas corpus held indorsement injunction issued judge judgment jurisdiction jury justice liability lien mandamus Mayor ment mortgage motion N. Y. Superior Ct notice objection order of arrest paid party payment person plaintiff pleading possession premises proceedings promissory note provision purchaser question recover referred refused rendered rule Second Avenue Railroad sheriff special term Stat statute stay of proceedings suit summons Supreme Court Supreme Ct thereof tion trial usury vacate verdict void warrant Wend witness writ of assistance
Pasajes populares
Página 63 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Página 100 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers or mortgagees in good faith...
Página 568 - 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.
Página 153 - But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, except for perjury in giving such testimony.
Página 80 - ... by the judgment, be made chargeable only upon the estate, fund, or party represented, unless the court shall direct the same to be paid by the plaintiff or defendant, personally, for mismanagement or bad faith in the action or defense.
Página 79 - ... and the judgment of the court thereon shall be as valid and effectual in all respects as if the same had been rendered in a suit commenced by ordinary process.
Página 81 - His legal discharge from the obligation to render himself amenable to the process, direction, or proceedings, with respect to which the undertaking of the bail was made.
Página 409 - If the judgment to be confessed is for the purpose of securing the plaintiff, against a contingent liability, it must state concisely the facts, constituting the liability ; and must show, that the sum confessed therefor does not exceed the amount of the liability. The statement must be verified by the oath of the defendant, to the effect, that the matters of fact therein set forth are true.
Página 162 - The assignee named in any such assignment shall, within thirty days after the date thereof, and before he shall have any power or authority to sell, dispose of or convert to the purposes of the trust any of the assigned property...
Página 288 - Real property adjudged to be sold must be sold in the county where it lies, by the sheriff of the county, or by a referee appointed by the court for that purpose ; and thereupon the sheriff or referee must execute a conveyance to the purchaser, which conveyance shall be effectual to pass the rights and interests of the parties adjudged to be sold.