Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York, Volume 60William Gould & Son, 1881 - Civil procedure |
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Page 19
... answer it . The court ruled that as the fact whether defendant's wife was sworn and gave testimony before the grand jury , and what she testified to was presumptively within the knowledge of the district attorney , it was sufficient to ...
... answer it . The court ruled that as the fact whether defendant's wife was sworn and gave testimony before the grand jury , and what she testified to was presumptively within the knowledge of the district attorney , it was sufficient to ...
Page 22
... accused is pro- tected by the bill of rights and cannot be held to answer for a capital , or otherwise infamous crime , unless on presentment The People agt . Briggs . or indictment of a 22 NEW YORK PRACTICE REPORTS .
... accused is pro- tected by the bill of rights and cannot be held to answer for a capital , or otherwise infamous crime , unless on presentment The People agt . Briggs . or indictment of a 22 NEW YORK PRACTICE REPORTS .
Page 45
... answer pleads a counter - claim exceeding the sum of $ 500 , which is replied to by the plaintiffs : Held , on an application for removal from state to a Federal court the counter - claim must be considered , and that the matter in ...
... answer pleads a counter - claim exceeding the sum of $ 500 , which is replied to by the plaintiffs : Held , on an application for removal from state to a Federal court the counter - claim must be considered , and that the matter in ...
Page 46
... answer was put in September 13 , 1880. A reply , sworn to September 15 , 1880 , was put in by the plaintiff replying " to the allegations of counter - claim contained in the answer , " and denying each and every of said allegations . On ...
... answer was put in September 13 , 1880. A reply , sworn to September 15 , 1880 , was put in by the plaintiff replying " to the allegations of counter - claim contained in the answer , " and denying each and every of said allegations . On ...
Page 47
... answered the complaint ; " that the action had not yet been tried , and that no term had passed since it was commenced ... answer ; and that as the matter in dispute did not exceed , exclusive of costs , the sum or value of $ 500 , the ...
... answered the complaint ; " that the action had not yet been tried , and that no term had passed since it was commenced ... answer ; and that as the matter in dispute did not exceed , exclusive of costs , the sum or value of $ 500 , the ...
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Common terms and phrases
affidavit affirmed agreement alleged amended answer ante application appointed Atlantic Avenue Railroad attachment attorney attorney-general authority bill bond Brooklyn and Jamaica Bruff cause of action charge Civil Procedure claim Code of Civil complaint contract corporation costs counter-claim creditors damages decree deed defendant defendant's demurrer Digest discharge duty easement entitled evidence ex rel examination execution executor facts fendant grand jury granted Held indictment Island Railroad Company issued Jamaica Railroad judge judgment debtor jurisdiction justice liable Long Island Railroad marine court marriage ment mortgage motion objection order of arrest owner paid party payment person plaintiff possession proceedings provision purchase question real estate receiver recover reference removal Rockland county rule Savage agt sheriff special term statute street sufficient supreme court testator testimony therein thereof tiff tion trial trustee vacate wife witness York
Popular passages
Page 463 - Members of the legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : " I do solemnly swear (or affirm...
Page 600 - Each house shall be the judge of the election,, returns, and qualifications of its own members...
Page 355 - In any manner relating thereto, shall hereafter be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 28 - In the investigation of a charge for the purpose of either presentment or indictment, the grand jury can receive no other evidence than such as is given by witnesses produced and sworn before them, or furnished by legal documentary evidence...
Page 336 - A defendant may set forth, in his answer, as many defenses or counter-claims, or both, as he has, whether they are such as were formerly denominated legal or equitable.
Page 545 - From the commencement of an action or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action or counterclaim, which attaches to a verdict, report, decision or judgment in his client's favor and the proceeds thereof in whosoever hands they -may come; and cannot be affected by any settlement between the parties before or after judgment.
Page 62 - US district court, says that the plaintiffs' motion for summary judgment be and the same is hereby granted, and it is further ordered that the defendants...
Page 132 - ... no regular clerk or head of a bureau or person holding a position in the classified state civil service, subject to competitive examination, shall be removed until he has been allowed an opportunity of making an explanation...
Page 542 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Page 398 - Granting to any corporation, association or individual the right to lay down railroad tracks...