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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Results 1-5 of 85
Page 15
... evidence of any original authority in the agent to extend the payment of the mortgage , nor is there any proof that the plaintiff ratified the act of his son in giving the stipulation to extend the payment of the balance beyond the time ...
... evidence of any original authority in the agent to extend the payment of the mortgage , nor is there any proof that the plaintiff ratified the act of his son in giving the stipulation to extend the payment of the balance beyond the time ...
Page 18
... evidence clearly incompetent and illegal it will be quashed and the defendant remanded , that his case may be passed upon by another grand jury upon competent and proper evidence . Quare . Whether , if it be shown that an incompetent ...
... evidence clearly incompetent and illegal it will be quashed and the defendant remanded , that his case may be passed upon by another grand jury upon competent and proper evidence . Quare . Whether , if it be shown that an incompetent ...
Page 20
... evidence , or that there was any other fault or irregularity in the proceedings . " In the same case ( p . 136 ) the court further said : " In Low's case ( 4 Greenl . , 439 ) the grand jurors were allowed to testify that they acted ...
... evidence , or that there was any other fault or irregularity in the proceedings . " In the same case ( p . 136 ) the court further said : " In Low's case ( 4 Greenl . , 439 ) the grand jurors were allowed to testify that they acted ...
Page 22
... evidence of grand jurors is competent to show the irregularity ( People agt . Shattuck , 6 Abb . N. C. , 35 ; People agt . Hulbut , 4 Denio , 136 ) . " It was at one time supposed that a grand juror was required by his oath of secrecy ...
... evidence of grand jurors is competent to show the irregularity ( People agt . Shattuck , 6 Abb . N. C. , 35 ; People agt . Hulbut , 4 Denio , 136 ) . " It was at one time supposed that a grand juror was required by his oath of secrecy ...
Page 24
... evidence essential to his defense by enforcing a rule of exclusion , having its origin and foundation in public policy , after the reasons on which this rule is based have ceased to exist . " " The case at bar furnishes a good ...
... evidence essential to his defense by enforcing a rule of exclusion , having its origin and foundation in public policy , after the reasons on which this rule is based have ceased to exist . " " The case at bar furnishes a good ...
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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...