Reports of Practice Cases, Determined in the Courts of the State of New York, Том 7John Voorhies, 1859 |
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Страница 8
... common law , but prohibited by statute , and entered into while the prohibiting statute is in force , is made valid by a repeal of that statute , -Query ? Demurrer to complaint . The action was brought to recover damages against the de ...
... common law , but prohibited by statute , and entered into while the prohibiting statute is in force , is made valid by a repeal of that statute , -Query ? Demurrer to complaint . The action was brought to recover damages against the de ...
Страница 9
... Common Pleas in 1854 held otherwise , and followed the old rule . ( Stern a . Drinker , 2 E. D. Smith , 401. ) II . The repeal of the stock - jobbing act , however , renders it immaterial whether or not the vendor was in the actual ...
... Common Pleas in 1854 held otherwise , and followed the old rule . ( Stern a . Drinker , 2 E. D. Smith , 401. ) II . The repeal of the stock - jobbing act , however , renders it immaterial whether or not the vendor was in the actual ...
Страница 12
... common - law writ of certiorari is the appropriate remedy in cases of this nature ; and it is no reason for granting the remedy prayed for in this action , that the defects , of which the plaintiff complains , in the defendants ...
... common - law writ of certiorari is the appropriate remedy in cases of this nature ; and it is no reason for granting the remedy prayed for in this action , that the defects , of which the plaintiff complains , in the defendants ...
Страница 16
... Common Pleas , which has been concurred in by the Supreme Court , and by decisions of judges in this court , establishes , I think , conclu- sively , that an injunction should not be issued to restrain the col- lector of taxes from ...
... Common Pleas , which has been concurred in by the Supreme Court , and by decisions of judges in this court , establishes , I think , conclu- sively , that an injunction should not be issued to restrain the col- lector of taxes from ...
Страница 17
... Common Pleas ; Special Term , July , 1858 . COMPLAINT . - IRRELEVANT MATTER . In an action for false imprisonment , the particular instrumentality , by which the plaintiff was deprived of his liberty , should not be set out in the ...
... Common Pleas ; Special Term , July , 1858 . COMPLAINT . - IRRELEVANT MATTER . In an action for false imprisonment , the particular instrumentality , by which the plaintiff was deprived of his liberty , should not be set out in the ...
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affidavit alleged amended amount answer appeal application attorney authority averred bill bona fide purchaser Cancemi cause of action certificates charged claim Code commenced complaint consent constitute contract corporation costs counsel counter-claim court of equity creditors debt debtor defendant defendant's demurrer denied District entitled equity examination execution facts fendants Fletcher Harper fraud fraudulent grant ground Haven R. R. held holders illegal indorser injunction interest issued James Ridgeway judge judgment judgment debtor jurisdiction jurors jury justice Legislature Lewis Beach lien Lowber Mayor ment mortgage motion notice officer paid party payment person plaintiff plaintiff in error pleadings proceedings provisions purchase question received recover referred Robert Schuyler security for costs sheriff Sixth Avenue Railroad special term statute suit Supreme Court thereof tiff tion transaction transfer trial trust usury verdict void Wend witness writ York
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Страница 526 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Страница 387 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Страница 301 - This natural life being, as was before observed, the immediate donation of the great Creator, cannot legally be disposed of or destroyed by any individual, neither by the person himself, nor by any other of his fellowcreatures, merely upon their own authority.
Страница 59 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of, 1. The same transaction or transactions connected with the same subject of action ; 2.
Страница 219 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Страница 126 - ... actions at law and suits in equity and the forms of such actions and suits are prohibited by our constitution.
Страница 255 - In actions in which the cause of action shall, by assignment after the commencement of the action, or in any other manner become the property of a person not a party to the action, such person shall be liable for the costs in the same manner as if he were a party, and payment thereof may be enforced by attachment.
Страница 133 - The stocks which banking associations or individual bankers, now or hereafter to be organized under the provisions of the act, ' To authorize the business of banking...
Страница 60 - Its language is, I think, well chosen for the purpose intended, because it is so obscure and so general as to justify the interpretations which shall be found most convenient and best calculated to promote the ends of justice.
Страница 363 - ... from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...