Miscellaneous Reports. Cases Decided in the Courts of Record of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 24Lawyers Co-operative Publishing Company, 1898 - Law reports, digests, etc "Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly) |
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Common terms and phrases
affirmed agreement alleged amount Appellate Term application appointed assessment assignment attorney August authority ballot Bank bonds Cattaraugus County cause of action certificate chap charge charter City Court city of Lockport Civil Procedure claim Code of Civil common council complaint contract corporation costs counsel counterclaim court of equity creditors deceased decedent decree defendant defendant's demurrer denied entitled equity evidence ex rel executors fact favor GILDERSLEEVE granted held indictment intention interest issue Jewett W judgment July June jurisdiction jury justice lien Matter mayor ment Misc mortgage motion Municipal Court offer of judgment Oneida County owner paid party payment person petitioner plaintiff premises proceedings question real estate recover Repr respondent reversed rule September Special Term statute Supreme Court Surrogate's Court testator thereof tion trial trustee voting York County
Popular passages
Page 93 - From the commencement of an action or special proceeding, 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, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order in his client's favor, and the proceeds thereof in whosesoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after judgment or final order.
Page 458 - If an action is commenced within the time limited therefor, and a judgment therein is reversed on appeal, without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits : tlie plaintiff, or.
Page 815 - 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 is deemed to have accrued from the time of the last item, proved in the account on either side.
Page 366 - ... so as to ensure the punishment of the guilty, without depriving the accused of any just means of defence...
Page 362 - ... but in no other: 1. When it is not found, indorsed and presented as prescribed in sections two hundred and sixty-eight and two hundred and seventy-two ; 2. When a person has been permitted to be present during the session of the grand jury, while the charge embraced in the indictment was under consideration, except as provided in sections two hundred and sixty-two, two hundred and sixty-three and two hundred and sixty-four.
Page 388 - Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be. deemed a case of variance. within the last two sections, but a failure of proof.
Page 330 - No person holding a position by appointment or employment in the state of New York or in the several cities, counties, towns or villages thereof who is an honorably discharged soldier...
Page 719 - The issuing of a warrant, for the removal of a tenant from demised premises, cancels the agreement for the use of the premises, if any, under which the person removed held them ; and annuls accordingly the relation of landlord and tenant...
Page 487 - 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 166 - No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes.