Howard's Practice Reports: Containing Cases Under the Code of Civil Procedure and the General Practice of the State of New York, Selected from Decisions of All the Courts, with Notes, Volume 2
W.C. Little & Company, 1886 - Civil procedure
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action affidavit alleged allowed amount answer appeal application appointed assignment attorney authority benefit brought cause charge Civil Procedure claim Code Code of Civil commissioners common Company complaint constitution construction contract corporation costs counsel court creditors death deceased decision defendant determine directed duty effect entered entitled evidence examination execution executors existing fact favor filed follows give given granted ground held hold Insurance intention interest issue John judge judgment jury land Matter meaning ment motion necessary notice objection obtained opinion owner paid party payment person plaintiff possession present proceedings question railroad reason received recover reference refused regard relator removed respondent rule Special Term statute street sufficient SUPREME COURT taken term thereof tion trial trust wife witnesses York
Page 397 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Page 187 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 373 - ... the consent of the owners of one-half in value of the property bounded on, and the consent also...
Page 191 - An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment...
Page 372 - Granting to any corporation, association or individual the right to lay down railroad tracks...
Page 408 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense...
Page 406 - A testator is always presumed to use the words, in which he expresses himself, according to their strict and primary acceptation, unless from the context of the will it appears that he has used them in a different sense ; in which case the sense, in which he thus appears to have used them, will be the sense in which they are to be construed.
Page 397 - 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...