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 32
... provision that she shall not be compelled to be , certainly is not an affirmative provision that she may be . When the act of 1876 was passed , no one would have claimed that , under any circumstances , she was competent against her ...
... provision that she shall not be compelled to be , certainly is not an affirmative provision that she may be . When the act of 1876 was passed , no one would have claimed that , under any circumstances , she was competent against her ...
Page 35
... provision , his testimony as against her cannot be considered and complainant must , therefore , fail . It does not appear that Mrs. Grant was present during the examination , or any part thereof , so that the failure to object , and a ...
... provision , his testimony as against her cannot be considered and complainant must , therefore , fail . It does not appear that Mrs. Grant was present during the examination , or any part thereof , so that the failure to object , and a ...
Page 40
... provision or enactment of the legislature . She could not be called as a witness in behalf of her husband until the legislature so enacted . She certainly cannot be called to give evidence against him until the authority is expressly ...
... provision or enactment of the legislature . She could not be called as a witness in behalf of her husband until the legislature so enacted . She certainly cannot be called to give evidence against him until the authority is expressly ...
Page 44
... provision allowing them to be witnesses for each other , and as a part of the same sentence . regard this as rather an over - cautious insertion to prevent an apprehended construction of the preceding words , than as engrafting a new ...
... provision allowing them to be witnesses for each other , and as a part of the same sentence . regard this as rather an over - cautious insertion to prevent an apprehended construction of the preceding words , than as engrafting a new ...
Page 45
... provision as making this erroneously supposed rule of the common law a part of the statutes of the State . An enactment of the legislature , based on an evident mis- conception of what the law is , will not have the effect , per se , of ...
... provision as making this erroneously supposed rule of the common law a part of the statutes of the State . An enactment of the legislature , based on an evident mis- conception of what the law is , will not have the effect , per se , of ...
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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...