Reports of Practice Cases, Determined in the Courts of the State of New York, Том 7John Voorhies, 1859 |
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Страница 55
... demand in an action of his own , to be tried by a court and jury in the usual manner . II . The complaint does not state facts sufficient to constitute a cause of action against the respondent . 1. The certificates that he holds are ...
... demand in an action of his own , to be tried by a court and jury in the usual manner . II . The complaint does not state facts sufficient to constitute a cause of action against the respondent . 1. The certificates that he holds are ...
Страница 62
... demand the cancellation of the false stock , and to maintain a suit in equity for that purpose . On their face , as we have seen , the certificates of this stock are un- distinguishable from those which are genuine and true . They ...
... demand the cancellation of the false stock , and to maintain a suit in equity for that purpose . On their face , as we have seen , the certificates of this stock are un- distinguishable from those which are genuine and true . They ...
Страница 67
... demand by one bill several matters of different natures against several defendants ; but when one general right is claimed by the bill , though the defendants have separate and distinct rights , a demurrer will not hold . " The subject ...
... demand by one bill several matters of different natures against several defendants ; but when one general right is claimed by the bill , though the defendants have separate and distinct rights , a demurrer will not hold . " The subject ...
Страница 68
... demand , here are three ( the three con- veyances in question ) , they are all of the same nature , in respect to the questions they now present . Each of the three defend- ants holds a portion of the property of John Fellows ( the ...
... demand , here are three ( the three con- veyances in question ) , they are all of the same nature , in respect to the questions they now present . Each of the three defend- ants holds a portion of the property of John Fellows ( the ...
Страница 128
... demand the judg- ment of this court , declaring the conveyance void , recalling the purchase money already received by the commissioners of the sinking fund and by them invested in the manner provided by law , requiring this money ...
... demand the judg- ment of this court , declaring the conveyance void , recalling the purchase money already received by the commissioners of the sinking fund and by them invested in the manner provided by law , requiring this money ...
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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...