Practice Reports in the Supreme Court and Court of Appeals, Том 17Joel Munsell, 1859 |
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Страница 16
... resident of the state , or the subject of the action did not arise or is situated within the state , he cannot have an attachment under the Code . Where a note was made at the office of the defendants in the state of Iowa , and was ...
... resident of the state , or the subject of the action did not arise or is situated within the state , he cannot have an attachment under the Code . Where a note was made at the office of the defendants in the state of Iowa , and was ...
Страница 17
... resident of this state , for any cause of action . 2. By a plaintiff not a resident of this state , when the cause of action shall have arisen , or the subject of the action . shall be situated within this state . " In the present case ...
... resident of this state , for any cause of action . 2. By a plaintiff not a resident of this state , when the cause of action shall have arisen , or the subject of the action . shall be situated within this state . " In the present case ...
Страница 18
... resident of that state , and the wife a resident of this state , and having no 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 ...
... resident of that state , and the wife a resident of this state , and having no 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 ...
Страница 19
... resident of that state , and having been for more than one year preceding said date , a resident of said state , he filed his bill against the plaintiff in this suit for a di- On the 24th of May , 1853 , the plaintiff in this suit not ...
... resident of that state , and having been for more than one year preceding said date , a resident of said state , he filed his bill against the plaintiff in this suit for a di- On the 24th of May , 1853 , the plaintiff in this suit not ...
Страница 93
... resident defendant of his county , the justice acquires no jurisdic- tion over the person of the defendant , and a judgment rendered upon service of such process is void . And where upon service of such summons , the defendant appeared ...
... resident defendant of his county , the justice acquires no jurisdic- tion over the person of the defendant , and a judgment rendered upon service of such process is void . And where upon service of such summons , the defendant appeared ...
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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.