The Code of Procedure of the State of New York, as Amended to 1870: With Notes on Pleading and Practice, Rules of the Courts, and a Full IndexBaker, Voorhis & Company, 1870 - 861 страница |
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Страница 52
... alleged that he entered pursuant to a contract by which he was to remove the rock , and was to have the rock as part of his compensation , it was held that a claim of title to real property did not arise ( O'Reilly v . Davies , 4 Sand ...
... alleged that he entered pursuant to a contract by which he was to remove the rock , and was to have the rock as part of his compensation , it was held that a claim of title to real property did not arise ( O'Reilly v . Davies , 4 Sand ...
Страница 53
... alleged that the plaint- iff became the owner of the rent , and became seized in fee of the estate in the demised premises , and the defendant denied all allegations of the com- plaint , —held , that title came in question ( Main v ...
... alleged that the plaint- iff became the owner of the rent , and became seized in fee of the estate in the demised premises , and the defendant denied all allegations of the com- plaint , —held , that title came in question ( Main v ...
Страница 94
... alleged assignment to the plaintiff is a mere sham , and that although an assignment in form has been executed , it was executed under an arrangement that the recovery should be for the benefit of the alleged assignor ; but the mere ...
... alleged assignment to the plaintiff is a mere sham , and that although an assignment in form has been executed , it was executed under an arrangement that the recovery should be for the benefit of the alleged assignor ; but the mere ...
Страница 104
... alleged assignor of a claim in suit to be brought in as a party ( Freeman v . Newton , 3 E. D. Smith , 246 . b . To cancel fraudulent certificates .— ( N . Y. & N. Haven R. R. Comp . v . Schuyler , 17 N. Y. 592 ; and see 38 Barb . 537 ...
... alleged assignor of a claim in suit to be brought in as a party ( Freeman v . Newton , 3 E. D. Smith , 246 . b . To cancel fraudulent certificates .— ( N . Y. & N. Haven R. R. Comp . v . Schuyler , 17 N. Y. 592 ; and see 38 Barb . 537 ...
Страница 151
... alleged cause of action accrued to a third party , and the only manner in which the plaintiff showed title in himself was an allegation that " the plaintiff is now the sole owner of the said demand " on demurrer ( the report does not ...
... alleged cause of action accrued to a third party , and the only manner in which the plaintiff showed title in himself was an allegation that " the plaintiff is now the sole owner of the said demand " on demurrer ( the report does not ...
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The Code of Procedure of the State of New York, as Amended to 1870: With ... John Townshend Приказ није доступан - 2017 |
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affidavit alleged allowed Am'd amend amount answer appeal apply appointed arrest assignment attachment attorney authority averment Bank Barb bond Bosw brought Brown cause of action charge claim Code Rep commenced complaint contract copy corporation costs court creditor damages debt debtor defendant delivered demand demurrer denied Duer E. D. Smith entered entitled evidence execution facts filed give given granted ground held Hill interest issue Johns judge judgment jurisdiction jury justice leave ment motion necessary notice objection obtained paid party payment person plaintiff pleading possession proceedings question receiver recover reference refused rendered resident rule Sand separate served sheriff statute sufficient suit summons supreme court taken term thereof tion tort trial unless verdict Wend witness York
Популарни одломци
Страница 114 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Страница 264 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party...
Страница 762 - Justices of the Peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term they shall hold for the residue of the unexpired term.
Страница 85 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Страница 219 - Procedure provides that the answer of the defendant shall contain (2) a statement of any new matter constituting a defense or counterclaim. Section 438 thereof provides that — "The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action...
Страница 309 - Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff...
Страница 594 - The defendant may, at any time before the trial or verdict, serve upon the plaintiff, an offer in writing to allow judgment to be taken against him, for the sum or property, or to the effect therein specified, with costs.
Страница 109 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Страница 759 - Judges of the court of appeals, and justices of the supreme court, may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to each house concur therein.
Страница 87 - . íío acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.