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 |
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Results 1-5 of 74
Page 2
... question , and although the judgment in favor of the defend- ant Curry against the plaintiff is for costs only , and is not within the precise words of that section , yet I think it is within its spirit and equity , and may be invoked ...
... question , and although the judgment in favor of the defend- ant Curry against the plaintiff is for costs only , and is not within the precise words of that section , yet I think it is within its spirit and equity , and may be invoked ...
Page 15
... question , the doctrine enunciated by judge EDMUNDS in the cases of Sullivan and Clark ( 1 Parker , 347 ) , and by judge WRIGHT in that of Hend- rickson ( id . , 396 ) , that when the question involved is a grave one , and has never ...
... question , the doctrine enunciated by judge EDMUNDS in the cases of Sullivan and Clark ( 1 Parker , 347 ) , and by judge WRIGHT in that of Hend- rickson ( id . , 396 ) , that when the question involved is a grave one , and has never ...
Page 24
... question arises solely on those papers . It is the prac- tice of the courts of the United States under the act of 1875 , to try the question of jurisdiction on a motion to remand , and before the plenary trial . For the purposes of the ...
... question arises solely on those papers . It is the prac- tice of the courts of the United States under the act of 1875 , to try the question of jurisdiction on a motion to remand , and before the plenary trial . For the purposes of the ...
Page 30
... question of the existence of the facts on which the right of removal depends is an issuable question , which can be determined only in this court , and cannot be finally determined here on this motion , but only on a regular trial ...
... question of the existence of the facts on which the right of removal depends is an issuable question , which can be determined only in this court , and cannot be finally determined here on this motion , but only on a regular trial ...
Page 33
... question arises solely on those papers , as it does in this case . This view does not affect cases like Galvin agt . Boutwell ( 9 Blatchf . C. C. R. , 470 ) and Heath agt . Austin ( 12 id . , 420 ) , where , even before the act of 1875 ...
... question arises solely on those papers , as it does in this case . This view does not affect cases like Galvin agt . Boutwell ( 9 Blatchf . C. C. R. , 470 ) and Heath agt . Austin ( 12 id . , 420 ) , where , even before the act of 1875 ...
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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...