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 |
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Página ix
... Evidence - contradicting a party's own witness ... of judicial records of sister State ...... contradicting books of account , when allowable .. in action on innkeeper's liability .. examination of witnesses ... Examination of parties ...
... Evidence - contradicting a party's own witness ... of judicial records of sister State ...... contradicting books of account , when allowable .. in action on innkeeper's liability .. examination of witnesses ... Examination of parties ...
Página 3
... evidence of transactions between the plaintiff and her husband , to a legal title to the farm ; which alleged right the plaintiff disproved by his own evidence . The defendant defended the action in her own right , and in that of her ...
... evidence of transactions between the plaintiff and her husband , to a legal title to the farm ; which alleged right the plaintiff disproved by his own evidence . The defendant defended the action in her own right , and in that of her ...
Página 10
... evidence that the defendant had property here at that time ; and 3. That the judgment was a good and valid judgment against the persons and property of the defendants so served out of the State , and was conclusive evidence of debt in ...
... evidence that the defendant had property here at that time ; and 3. That the judgment was a good and valid judgment against the persons and property of the defendants so served out of the State , and was conclusive evidence of debt in ...
Página 11
... evidence that such was the fact . The evidence itself should be contained in the record , for without it the court could have no jurisdiction . 3. Even if the defendants had property in this State at the time , and it had been attached ...
... evidence that such was the fact . The evidence itself should be contained in the record , for without it the court could have no jurisdiction . 3. Even if the defendants had property in this State at the time , and it had been attached ...
Página 13
... 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 excuse shown for his laches in not availing himself of the remedy in section 135 , quoted ...
... 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 excuse shown for his laches in not availing himself of the remedy in section 135 , quoted ...
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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.