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 112
... affirming the doctrine in the first of Johnson's Cases , to the effect that all matters which make a direct and straight defense to the cause of action of the plaintiff must be tried in that action , if they can be tried therein , and I ...
... affirming the doctrine in the first of Johnson's Cases , to the effect that all matters which make a direct and straight defense to the cause of action of the plaintiff must be tried in that action , if they can be tried therein , and I ...
Page 121
... affirmed . All concur . NOTE . - The court below distinguished this case from Gilmour agt . Thompson ( 49 How . Pr . , 198 ) , as follows : " In Gilmour agt . Thompson the plaintiff had a right of action , although the transaction was ...
... affirmed . All concur . NOTE . - The court below distinguished this case from Gilmour agt . Thompson ( 49 How . Pr . , 198 ) , as follows : " In Gilmour agt . Thompson the plaintiff had a right of action , although the transaction was ...
Page 122
... ( Affirming 8. C. , 58 How . , 211 ) . It is the duty of the register to make the search correct , and any failure in that respect is a neglect of duty . Where a plaintiff has been damnified by a wrong - doer , he must see to it that his ...
... ( Affirming 8. C. , 58 How . , 211 ) . It is the duty of the register to make the search correct , and any failure in that respect is a neglect of duty . Where a plaintiff has been damnified by a wrong - doer , he must see to it that his ...
Page 124
... affirmed , with costs . DALY Ch . J. and J. F. DALY , J. SUPREME COURT . GERMAN BANK OF LONDON , LIMITED , agt . BOWIE DASH and another . Attachment - Facts which are not sufficient to justify a resort to the remedy · Disposal of the ...
... affirmed , with costs . DALY Ch . J. and J. F. DALY , J. SUPREME COURT . GERMAN BANK OF LONDON , LIMITED , agt . BOWIE DASH and another . Attachment - Facts which are not sufficient to justify a resort to the remedy · Disposal of the ...
Page 136
... ( affirmed in 11 Hun , 433 , and the cases there cited ) . J. A. Shoudy , contended that the attachments were void under the statute , as the defendants had a place of business within the city of New York , and the amounts claimed ...
... ( affirmed in 11 Hun , 433 , and the cases there cited ) . J. A. Shoudy , contended that the attachments were void under the statute , as the defendants had a place of business within the city of New York , and the amounts claimed ...
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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...