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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Results 6-10 of 74
Page 15
... interest accruing on a mortgage , and to accept payment on account of principal before due , is not thereby authorized to extend the payment of the residue of the principal . To justify the grant- ing of such extension the agent should ...
... interest accruing on a mortgage , and to accept payment on account of principal before due , is not thereby authorized to extend the payment of the residue of the principal . To justify the grant- ing of such extension the agent should ...
Page 16
... interest in the bond and mortgage . " That obvi- ously means to guard , not jeopard the interests . It cannot be well urged that the power conferred should be to diminish the security or release a party obliged . Besides , the payment ...
... interest in the bond and mortgage . " That obvi- ously means to guard , not jeopard the interests . It cannot be well urged that the power conferred should be to diminish the security or release a party obliged . Besides , the payment ...
Page 74
... and that he had no interest therein , his right to recover the alleged surplus is not so clear that the court should enforce it on a summary application . Frankel agt . Elias . Buch motion does not come 74 NEW YORK PRACTICE REPORTS .
... and that he had no interest therein , his right to recover the alleged surplus is not so clear that the court should enforce it on a summary application . Frankel agt . Elias . Buch motion does not come 74 NEW YORK PRACTICE REPORTS .
Page 76
... interest therein . Having thus solemnly committed himself by his own voluntary act , and the said action being still pending , his right to recover the alleged surplus is not so clear that the court should enforce it on a summary ...
... interest therein . Having thus solemnly committed himself by his own voluntary act , and the said action being still pending , his right to recover the alleged surplus is not so clear that the court should enforce it on a summary ...
Page 111
... Interest reipublicae ut sit finis litium . " That is , it is the interest of the state or republic that there should be an end to litigation . " Thus a judgment rendered on a promissory note is a good bar to an action on such note ...
... Interest reipublicae ut sit finis litium . " That is , it is the interest of the state or republic that there should be an end to litigation . " Thus a judgment rendered on a promissory note is a good bar to an action on such note ...
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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...