Howard's Practice Reports: Containing Cases Under the Code of Civil Procedure and the General Practice of the State of New York, Selected from Decisions of All the Courts, with Notes, Том 3W.C. Little & Company, 1886 |
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... Term , December , 1885 . On the 3d of February , 1885 , Oscar J. Brown , the relator , an attorney and counsellor - at - law , was assigned by the court of oyer and terminer , then sitting in Onondaga county , to defend one Antonio Rego ...
... Term , December , 1885 . On the 3d of February , 1885 , Oscar J. Brown , the relator , an attorney and counsellor - at - law , was assigned by the court of oyer and terminer , then sitting in Onondaga county , to defend one Antonio Rego ...
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... term , and the relator spent from thirty to fifty days in preparing the case and exceptions and his brief for the argument of the appeal . He was compelled to make several jour- neys from Syracuse , where he resided , to Utica , where ...
... term , and the relator spent from thirty to fifty days in preparing the case and exceptions and his brief for the argument of the appeal . He was compelled to make several jour- neys from Syracuse , where he resided , to Utica , where ...
Страница 22
... term no power to overturn his conclusions - Code of Civil Procedure , sections 3238-3253- Additional allowance - When should be made — Rules applicable to . In an action brought by an assignee to set aside a chattel mortgage given by a ...
... term no power to overturn his conclusions - Code of Civil Procedure , sections 3238-3253- Additional allowance - When should be made — Rules applicable to . In an action brought by an assignee to set aside a chattel mortgage given by a ...
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... term , and after a referee's report ( see Code , sections 1561 and 1546 ) as to liens , & c . , on the lands admitted to be held in common , interlocutory judgment should be given ( see Code , section 1546 ) of partition as to the ...
... term , and after a referee's report ( see Code , sections 1561 and 1546 ) as to liens , & c . , on the lands admitted to be held in common , interlocutory judgment should be given ( see Code , section 1546 ) of partition as to the ...
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... term by the court in equity . If the issues had been tried before the jury and decided in favor of the defendants , they could not have entered judgment dismissing the complaint on such findings , but the case would have gone to special ...
... term by the court in equity . If the issues had been tried before the jury and decided in favor of the defendants , they could not have entered judgment dismissing the complaint on such findings , but the case would have gone to special ...
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Чести термини и фразе
affidavit alleged Allis allowed amount answer appeal application appointed Aronson assignment attachment attorney authority Bank agt board of supervisors bond brought cause of action choses in action Civil Procedure claim Code of Civil commissioners Company agt complaint contract corporation costs counsel creditors damages debt debtor deceased defendant defendant's denied drafts entitled evidence ex rel execution executor fact Farrell Company filed fraud fund granted ground guardian guardian ad litem held Herkimer County husband interpleader issued Josephine Wilson judge judgment jurisdiction jurors jury lease liable lien marriage ment mortgage motion notice O'Dea Oneida county order of arrest paid party payment person Peyster plaintiff police proceedings question recover reference refused replevin rule sheriff Smith special term statute summons SUPREME COURT testator thereof tion trial trustees Ulster County vacate verdict Walkill Valley Railroad wife York
Популарни одломци
Страница 352 - The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever. But a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law.
Страница 63 - Where, in a matter of account, the sum total of the accounts of both parties, proved to the satisfaction of the justice, exceeds four hundred dollars.
Страница 387 - No such partnership shall be deemed to have been formed, until a certificate shall have been made, acknowledged, filed and recorded, nor until an affidavit shall have been filed as above directed. And if any false statement be made in such certificate, or affidavit, all the persons interested in such partnership shall be liable for all the engagements thereof, as general partners.
Страница 178 - 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...
Страница 55 - ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.
Страница 115 - A competent witness shall not be excused from answering a relevant question, on the ground only that the answer may tend to establish the fact that he owes a debt, or is otherwise subject to a civil suit.
Страница 55 - ... continuing existence as the foundation of what was to be done ; there, in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance...
Страница 546 - ... in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Страница 62 - The damages, sustained by reason of an injunction, may be ascertained and determined by the court, or by a referee, appointed by the court, or by a writ of inquiry or otherwise as the court shall direct ; and the decision of the court thereupon, or an order confirming the report of the referee, is conclusive, as to the amount of those damages, upon all the persons who have executed the undertaking, unless it is reversed upon appeal. The court...
Страница 332 - ... shall be taken and deemed to be transferred to and vested in such new corporation, without further act or deed...