Reports of Practice Cases, Determined in the Courts of the State of New York: With a Digest of All Points of Practice Embraced in the Standard New York Reports ..., Том 13J.S. Voorhies, 1868 |
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Страница 24
... duty of the plaintiff to make and note the at- tendances and adjournments detailed . That presumption is not sustained by the testimony of the plaintiff . The finding of the referee , as to the duty of the plaintiff in this particular ...
... duty of the plaintiff to make and note the at- tendances and adjournments detailed . That presumption is not sustained by the testimony of the plaintiff . The finding of the referee , as to the duty of the plaintiff in this particular ...
Страница 25
... duty on his part , was not a legal performance of his duty as referee , and the judg ment , therefore , has no legal basis . 2. The referee erred even in his attempt to ascertain and estimate the value of the alleged services in a mode ...
... duty on his part , was not a legal performance of his duty as referee , and the judg ment , therefore , has no legal basis . 2. The referee erred even in his attempt to ascertain and estimate the value of the alleged services in a mode ...
Страница 29
... duty of agents , after the death of their principal , to take care of whatever they have in hand until a successor takes their place . ( Nicolet a . Pillot , 24 Wend . , 240. ) 2. But by the direction of the administrator the appeal was ...
... duty of agents , after the death of their principal , to take care of whatever they have in hand until a successor takes their place . ( Nicolet a . Pillot , 24 Wend . , 240. ) 2. But by the direction of the administrator the appeal was ...
Страница 43
... duty as such member of Assembly , to vote against the same ; yet he , the said plaintiff , wickedly , wilfully , and corruptly disregarding his said duty , and with the dishonest intent and purpose of working such prejudice to the ...
... duty as such member of Assembly , to vote against the same ; yet he , the said plaintiff , wickedly , wilfully , and corruptly disregarding his said duty , and with the dishonest intent and purpose of working such prejudice to the ...
Страница 52
... duty to the public , they must find for the defendant . The court declined to charge this proposition . Second : The defendant asked the court to charge the jury , that it was a question for them to say in what sense the words ...
... duty to the public , they must find for the defendant . The court declined to charge this proposition . Second : The defendant asked the court to charge the jury , that it was a question for them to say in what sense the words ...
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34 Barb Abbotts affidavit affirmed alleged amended amount answer appeal application April 23 assignment attachment attorney authority averment Bates Bosw cause of action certiorari charge claim clerk Code commenced complaint contempt contract corporation costs court of equity creditors damages debt debtor decision defendant defendant's demurrer denied discharge Disosway Elizabethport entitled equity evidence execution executor facts fendant foreclosure fraud granted habeas corpus held Holmes indorsed injunction issued judge judgment jurisdiction jury justice lease levied liable lien mandamus ment mortgage motion N. Y. Superior Ct notice officer owner paid party payment person plaintiff pleading possession premises proceedings proof provisions question receiver recover referee remedy res adjudicata rule security for costs sheriff special term Stat statute sufficient suit Supreme Court Supreme Ct sureties testator thereof tion trial trustees usury Vreeland Wend witness writ York
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Страница 109 - The affidavit may also be made by the agent or attorney-, if the action or defence be founded upon a written instrument for the payment of money only, and such instrument be in the possession of the agent or attorney, or if all the material allegations of the pleading be within the personal knowledge of the agent or attorney.
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