Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Volume 3S.S. Peloubet, 1883 - Civil procedure |
Contents
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Common terms and phrases
accounting affidavit affirmed alleged amount answer application appointment assignment attachment attorney authority Barb cause of action Chap Civil Procedure claim clerk Clyde & Co Code of Civil commenced compel complaint contract corporation costs counter-claim court of appeals court of equity creditors Curley Danzig debt debtor Decided defendant defendant's demand denied duty entitled evidence ex rel examination execution executor facts favor granted held interest issued judge judgment judgment debtor jurisdiction jury justice letters testamentary levy liability lien mandamus Matter ment mortgages N. Y. Central N. Y. Civ offer of judgment party payment person petition plaintiff present probate proceedings provisions public highways Pyrolusite question railroad reason receiver recover refused remedy respondent sheriff Smith sold and delivered special term statute subd SUPREME COURT sureties surrogate surrogate's court testator thereof tion trial undertaking validity Weekly Dig writ York
Popular passages
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 53 - debts " includes every claim and demand, upon which a judgment for a sum of money, or directing the payment of money, could be recovered in an action ; and the word
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...
Page 393 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...