Reports of Practice Cases, Determined in the Courts of the State of New York, Volume 3John Voorhies, 1857 - Civil procedure |
Common terms and phrases
Accessory Transit Company action was brought affidavit alimony alleged allowed amendment amount answer application arrest assignment attorney averment bail Barb bill cause of action certiorari claim clerk Code commenced common council common law complaint contract corporation costs counsel counter-claim Court of Chancery court of equity creditors damages debtor decision decree defendant defendant's demurrer denied District dollars entitled equity Erie Railroad Erie Railroad Company evidence execution executors facts filed fraudulent granted ground held indictment injunction issue judge judgment judgment debtor jurisdiction jury liability mandamus Marine Court matter ment motion notice objection opinion owners party payment person plaintiff pleadings presumption proceedings proper provisions question real estate recover reference rendered rule sheriff special term Stats stay of proceedings sufficient suit Supreme Court sustained taken thereof tion Townsend trust verdict Wend writ York & Erie York Common Pleas
Popular passages
Page 420 - When the certificate shall have been filed as aforesaid, the persons who shall have signed and acknowledged the same, and their successors, shall be a body politic and corporate, in fact and in name, by the name stated in such certificate...
Page 387 - A judgment is the final determination of the rights of the parties in the action or proceeding, and may be entered in term or vacation.
Page 140 - After the lapse of five years from the entry of judgment, an execution can be issued only by leave of the court, upon motion...
Page 22 - For the recovery of real property, or of an estate or Interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; "2.
Page 407 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 150 - An issue of fact, in an action for the recovery of money only, or of specific, real or personal property, or for a divorce from the marriage contract on the ground of adultery, must be tried by a jury, unless a jury trial be waived as provided in section 2.'uJ.
Page 119 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
Page 41 - It is certainly not only a possible but a probable case, that a witness, by disclosing a single fact, may complete the testimony against himself...
Page 286 - Parliament have three modes of separation, to wit: by adjournment, by prorogation, or dissolution by the king, or by the efflux of the term for which they were elected. Prorogation or dissolution constitutes there What is called a session ; provided some act has passed.
Page 286 - Prorogation or dissolution constitutes there what is called a session; provided some act has passed. In this case, all matters depending before them are discontinued, and at their next meeting are to be taken up de novo, if taken up at all. — 1 Blackstone, 186. Adjournment, which is by themselves, is no more than a continuance of the session from one day to another, or for a fortnight, a month, etc., ad libitum.