Practice Reports in the Supreme Court and Court of Appeals, Том 17Joel Munsell, 1859 |
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Страница 3
... notice . It is really the provisions of the Revised Statutes establishing or regulating the costs or the fees of attorneys , solicitors and coun- sel , that are expressly repealed by the Code , and those provi- sions are mostly at least ...
... notice . It is really the provisions of the Revised Statutes establishing or regulating the costs or the fees of attorneys , solicitors and coun- sel , that are expressly repealed by the Code , and those provi- sions are mostly at least ...
Страница 18
... notice of the proceedings , and not having appeared therein , is void and of no effect as to the wife . The court in Indiana never had jurisdiction of the wife , and could make no decree which would bind her . New - York Special Term ...
... notice of the proceedings , and not having appeared therein , is void and of no effect as to the wife . The court in Indiana never had jurisdiction of the wife , and could make no decree which would bind her . New - York Special Term ...
Страница 20
... notice of the proceedings for a divorce , which was granted . He came into this state and married another woman , his first wife being still living , and the case turned upon the effect of the divorce granted in the state of Vermont ...
... notice of the proceedings for a divorce , which was granted . He came into this state and married another woman , his first wife being still living , and the case turned upon the effect of the divorce granted in the state of Vermont ...
Страница 43
... notice of pendency of action had been duly filed . 5th . That judgment had been duly entered , not an order or special decree as in a special case . Now this with all the form and proceeding of a common law action , cannot be a special ...
... notice of pendency of action had been duly filed . 5th . That judgment had been duly entered , not an order or special decree as in a special case . Now this with all the form and proceeding of a common law action , cannot be a special ...
Страница 70
... notice of trial for the Schoharie circuit , commencing on the 17th of May , 1858 . The first suit was commenced on the 15th day of February , 1858 , which would give the defendant until and including the 8th day of March to answer , the ...
... notice of trial for the Schoharie circuit , commencing on the 17th of May , 1858 . The first suit was commenced on the 15th day of February , 1858 , which would give the defendant until and including the 8th day of March to answer , the ...
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affidavit affirmed Albany alleged allowed amend amount application assignment attorney authority Bank barratry bond and mortgage Cadmus cause of action charge choses in action circuit city of New-York claim clerk Code commenced common law complaint constitution contract corporation costs counsel county court court of appeals court of equity coverture creditors debt decision declared defendant defendant's demurrer entitled equity evidence execution facts fees fendant filed foreclosure granted ground held husband indorser intended issued judge judgment jurisdiction jury Justice legislature liability lien ment motion nonsuit notice objection opinion order of arrest parties payment person plaintiff possession premises proceedings proceeds promissory note provisions question real estate received recover referee remittitur resident RICHARD BUSTEED rule separate estate sheriff special term sufficient suit summons SUPREME COURT Taylor and Brennan thereof tion trial verdict Wend wife
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Страница 496 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Страница 39 - Such parts of the common law, and of the acts of the Legislature of the Colony of New York, as together did form the law of the said Colony...
Страница 53 - The Legislature may, on application of the board of supervisors, provide for the election of local officers, not to exceed two in any county, to discharge the duties of county judge and of surrogate, in cases of their inability, or of a vacancy, and to exercise such other powers, in special cases, as may be provided by law.
Страница 79 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Страница 325 - January, one thousand eight hundred and fifty, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind, contracted after the said first day of January, one thousand eight hundred and fifty.
Страница 20 - To give any binding effect to a judgment, it is essential that the court should have jurisdiction of the person, and of the subject matter; and the want of jurisdiction is a matter that may always be set up against a judgment, when sought to be enforced, or when any benefit is claimed under it. The want of jurisdiction makes it utterly void and unavailable for any purpose.
Страница 105 - ... provided by law, in relation to the distribution of personal property, left by persons dying intestate; and in every such action the jury may give such damages as they shall deem fair and just, with reference to the pecuniary injury resulting from such death to the wife and next of kin of such deceased person: provided, that every such action shall be commenced within two years after the death of such deceased person.
Страница 276 - ... no person shall be deprived of his property without due process of law, because I think it may be disposed of on the first constitutional right or privilege suggested.
Страница 395 - ... the amount directed to be paid by the judgment, or the part of such amount as to which the judgment shall be affirmed...
Страница 563 - When the action is between herself and her husband, she may sue or be sued alone; 3.