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accounting affidavit affirmed alleged allowed amount answer appeal application appointment arrest assignment attachment attorney authority Bank bill brought Brown cause of action Chap CITED claim Code commenced common compel complaint contract corporation costs court court of appeals creditors Curley damages debt debtor Decided decision defendant defendant's demand denied determined duty effect entitled evidence examination execution executor facts favor final given granted ground held intent interest issued judge judgment jurisdiction justify Matter meaning ment motion N. Y. Civ necessary notice objection officer opinion party person plaintiff present Procedure proceed proceedings proper provisions question railroad reason receiver recover refused relation releases remedy respondent rule share sheriff Smith special term statute sufficient suit sureties surrogate taken term tion trial undertaking vacate validity York
Page 211 - 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.
Page 5 - 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 135 - An action, not specified in the last two sections, must be tried in the county, in which one of the parties resided, at the commencement thereof. If neither of the parties then resided in the State, it may be tried in any county, which the plaintiff designates, for that purpose, in the title of the complaint.
Page 234 - State, and remains unadministered. 3. Where the decedent, not being a resident of the State, died without the State, leaving personal property within that county, and no other; or leaving personal property which has, since his death, come into that county, and no other, and remains unadministered.
Page 111 - In an action upon contract, express or implied, other than a promise to marry, where it is alleged in the complaint that the defendant was guilty of a fraud in contracting or incurring the liability...
Page 147 - 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 whosesoever hands they may come, and cannot be affected by any settlement between the parties before or after judgment.
Page 108 - A warrant of attachment against the property of one or more defendants in an action may be granted upon the application of the plaintiff, as specified in the next section...
Page 146 - The compensation of an attorney or counsellor for his services, is governed by agreement, express or implied, which is not restrained by law. 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...