Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York, Volume 61William Gould & Son, 1881 - Civil procedure |
From inside the book
Results 1-5 of 57
Page 7
... jurisdiction to consider the claim ; and , second , as furnishing some proof of the truth of the allegations upon which the claim was founded . As this motion was made during a term of the court , and our attention is completely ...
... jurisdiction to consider the claim ; and , second , as furnishing some proof of the truth of the allegations upon which the claim was founded . As this motion was made during a term of the court , and our attention is completely ...
Page 24
... jurisdiction of the suit . But the provisions do not require the court to remand the suit unless it appears that the suit does not involve a controversy properly within its jurisdiction . If the suit appears , on the removal papers and ...
... jurisdiction of the suit . But the provisions do not require the court to remand the suit unless it appears that the suit does not involve a controversy properly within its jurisdiction . If the suit appears , on the removal papers and ...
Page 25
... jurisdiction , and that the allegations of the removing party in the petition must , at this stage of the case , prevail . Southern District of New York , April , 1881 . F. N. Bangs , for plaintiff . James C. Carter , for defendants ...
... jurisdiction , and that the allegations of the removing party in the petition must , at this stage of the case , prevail . Southern District of New York , April , 1881 . F. N. Bangs , for plaintiff . James C. Carter , for defendants ...
Page 31
... jurisdiction ; and that , where there is a conflict between the complaint and the petition , the petition alone must be regarded . In sup- port of these views it is suggested that when the case is fully developed by the proofs , it may ...
... jurisdiction ; and that , where there is a conflict between the complaint and the petition , the petition alone must be regarded . In sup- port of these views it is suggested that when the case is fully developed by the proofs , it may ...
Page 32
... jurisdiction of this court in the premises , based on the point of an alleged absence of right in the defendant to remove the suit , could be raised at the trial . That was an action of replevin , brought in the state court , to recover ...
... jurisdiction of this court in the premises , based on the point of an alleged absence of right in the defendant to remove the suit , could be raised at the trial . That was an action of replevin , brought in the state court , to recover ...
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Common terms and phrases
action brought affidavit Alberger alleged allowed amount apply appointed arrest assignment assignor attorney authority Barb bonds cause of action charge City of Watertown Civil Procedure claim clause Code of Civil common council complaint contract corporation costs counsel court of appeals creditors death debt debtor deceased decision declared defendant defendant's demurrage demurrer Digest discharge draft Dusenbury entitled equitable evidence ex rel execution executors fact false imprisonment firm foreclosure granted ground Held Hopfensack husband imprisonment injunction interest issue Jay Cooke judge judgment jurisdiction jury justice lease liability lien marriage ment mortgage motion notice oath old firm paid party payment plaintiff premises proceedings proceeds provision question real estate receiver recover reference special term statute statute of frauds Steuben County supreme court testator testatrix thereof tiff tion trial trust vacate verdict void Western Union wife York
Popular passages
Page 91 - Every conveyance or assignment, in writing or otherwise, of any estate or interest in lands or in goods, or things in action, or of any rents or profits issuing therefrom, and every charge upon lands, goods or things in action, or upon the rents...
Page 169 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 151 - When the infant is defendant, upon the application of the infant, if he be of the age of fourteen years, and apply within twenty days after service of the summons. If he be under the age of fourteen, or neglect so to apply, then upon the application of any other party to the action, or of a relative or friend of the infant...
Page 567 - The law fixes upon no length of time as necessary to form the intention to kill, but leaves the existence of a fully formed intent as a fact to be determined by the jury, from all the facts and circumstances in the evidence.
Page 220 - To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation ; or to reduce such capital stock without the consent of the legislature ; or 3.
Page 523 - In case of the death of a sole plaintiff or a sole defendant, if the cause of action survives or continues, the court must, upon a motion, allow or compel the action to be continued, by or against his representative or successor in interest.
Page 375 - Any corporation formed under this act may purchase mines, manufactories or other property necessary for its business, or the stock of any company or companies owning, mining, manufacturing or producing materials, or other property necessary for its business, and issue stock to the amount of the value thereof in payment therefor...
Page 247 - When a creditor has a mortgage or pledge of real or personal property of the bankrupt, or a lien thereon for securing the payment of a debt owing to him from the bankrupt, he shall be admitted as a creditor only for the balance of the debt after deducting the value of such property, to be ascertained by agreement between him and the assignee, or by a sale thereof, to be made in such manner as the court shall direct...
Page 214 - In the following cases every agreement shall be void, unless such agreement or some note, or memorandum thereof be in writing and subscribed by the party to be charged therewith : 1. Every agreement that by its terms is not to be performed within one year from the making thereof.
Page 328 - The county courts shall have the powers and jurisdiction they now possess, until altered by the legislature. They shall also have original jurisdiction in all cases where the defendants reside in the county and in which the damages claimed shall not exceed one thousand dollars ; and also such appellate jurisdiction as shall be provided by law, subject, however, to such provision as shall be made by law for the removal of causes into the supreme court. They shall also have such other original jurisdiction...