Reports of Practice Cases, Determined in the Courts of the State of New York, Том 7John Voorhies, 1859 |
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Страница vii
... appeal , what allowed ... what , in pleadings , cannot be allowed Answer - containing several defences , how may avoid repetition ..... not to be deemed affidavit on a motion to dissolve injunction ....... Appeal - actual notice that ...
... appeal , what allowed ... what , in pleadings , cannot be allowed Answer - containing several defences , how may avoid repetition ..... not to be deemed affidavit on a motion to dissolve injunction ....... Appeal - actual notice that ...
Страница x
... appeal , what is . of appeal , in what respects may be amended .. of motion to strike out answer , what is sufficient .. of Pendency of Action - when to be filed 0 . Official Proceedings - what cannot be restrained by injunction ...
... appeal , what is . of appeal , in what respects may be amended .. of motion to strike out answer , what is sufficient .. of Pendency of Action - when to be filed 0 . Official Proceedings - what cannot be restrained by injunction ...
Страница 1
... APPEAL . - FINAL JUDGMENT . If , on a trial , whether by the court or by a referee , a decision or report is made in ... appeal , he must wait until after the account- ing has been had , and a final judgment thereon entered . Where ...
... APPEAL . - FINAL JUDGMENT . If , on a trial , whether by the court or by a referee , a decision or report is made in ... appeal , he must wait until after the account- ing has been had , and a final judgment thereon entered . Where ...
Страница 2
... appeals from that judgment . The plaintiff moves to dis- miss that appeal . We think the defendant's counsel is in error in the view he takes of the practice applicable to the present case . The provision of section 272 of the Code is ...
... appeals from that judgment . The plaintiff moves to dis- miss that appeal . We think the defendant's counsel is in error in the view he takes of the practice applicable to the present case . The provision of section 272 of the Code is ...
Страница 3
... appealed by the defendant . The appeal taken in this case was therefore premature , and the motion to dismiss it should be granted , but , as the practice in like cases does not seem to have been well settled , without costs . MACONDRAY ...
... appealed by the defendant . The appeal taken in this case was therefore premature , and the motion to dismiss it should be granted , but , as the practice in like cases does not seem to have been well settled , without costs . MACONDRAY ...
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Чести термини и фразе
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
Популарни одломци
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...