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 vii
... obtain , in an action for crim . con ...... 38 438 in action for moneys collected in fiduciary capacity may be had , though plaintiff has taken security in part payment .. 486 Affidavits to obtain , must be consistent with complaint ...
... obtain , in an action for crim . con ...... 38 438 in action for moneys collected in fiduciary capacity may be had , though plaintiff has taken security in part payment .. 486 Affidavits to obtain , must be consistent with complaint ...
Página x
... obtained on service by publication , how far conclusive .... 268 848 8 for costs in former action , conclusive on motion to stay second action ..... against partnership imports partnership debt ..... 28 232 for relief not asked for ...
... obtained on service by publication , how far conclusive .... 268 848 8 for costs in former action , conclusive on motion to stay second action ..... against partnership imports partnership debt ..... 28 232 for relief not asked for ...
Página 8
... obtained on service by publication is effectual further than as against the defendant's property within the State , -Query ? Appeal from a judgment . This complaint stated , that in March , 1860 , James McBride and others recovered ...
... obtained on service by publication is effectual further than as against the defendant's property within the State , -Query ? Appeal from a judgment . This complaint stated , that in March , 1860 , James McBride and others recovered ...
Página 12
... obtained of the money collected or property so appropriated . Edmund Terry , for the respondent . - I . The judge at the trial properly denied the defendant's motion for a nonsuit and dismissal of the complaint . 1. The record of ...
... obtained of the money collected or property so appropriated . Edmund Terry , for the respondent . - I . The judge at the trial properly denied the defendant's motion for a nonsuit and dismissal of the complaint . 1. The record of ...
Página 14
... obtained by any court except by his voluntary appearance or by due service of process , and that effectual service of process could not be made on any person beyond the jurisdiction of the court out of which the process issued ...
... obtained by any court except by his voluntary appearance or by due service of process , and that effectual service of process could not be made on any person beyond the jurisdiction of the court out of which the process issued ...
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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.