Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York, Том 59William Gould & Son, 1880 |
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Страница 122
... Res adjudicata - Condition precedent - Performance - Tender - Waiver Modified or supplemental contract essentially variant from the orig- inal - Insufficiency of complaint . Res adjudicata has no proper application on demurrer to an ...
... Res adjudicata - Condition precedent - Performance - Tender - Waiver Modified or supplemental contract essentially variant from the orig- inal - Insufficiency of complaint . Res adjudicata has no proper application on demurrer to an ...
Страница 127
... Res adjudicata has no proper application . Defendants are not concluded by the decision referred to , because it appears affirmatively that the complaint now demurred to is amended by the insertion of a precedent condition not con ...
... Res adjudicata has no proper application . Defendants are not concluded by the decision referred to , because it appears affirmatively that the complaint now demurred to is amended by the insertion of a precedent condition not con ...
Страница 128
... res adjudicata . II . The complaint states a good cause of action . Bartels agt . Cunningham . BEACH , J. - The 128 NEW YORK PRACTICE REPORTS .
... res adjudicata . II . The complaint states a good cause of action . Bartels agt . Cunningham . BEACH , J. - The 128 NEW YORK PRACTICE REPORTS .
Страница 129
... res adjudicata by the former decision , which appears to have been made upon a pleading in some respects essentially different . The objection , based upon the absence of an averment of the performance of the condition precedent , is ...
... res adjudicata by the former decision , which appears to have been made upon a pleading in some respects essentially different . The objection , based upon the absence of an averment of the performance of the condition precedent , is ...
Страница 136
... res adjudicata . Under the provisions of the act providing for the discharge of imprisoned debtors where the proceedings are had under article 6 , chapter 5 , part 2 , title 1 of the Revised Statutes : Held , that the proceedings of the ...
... res adjudicata . Under the provisions of the act providing for the discharge of imprisoned debtors where the proceedings are had under article 6 , chapter 5 , part 2 , title 1 of the Revised Statutes : Held , that the proceedings of the ...
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affidavit affirmed alimony alleged amended amount answer ante application assignee attorney authority bank bequests brought cause of action chapter Civil Procedure claim Code of Civil Company agt complaint contract corporation costs counsel court of appeals creditors damages debt debtor deceased decision defendant defendant's demurrer denied Digest discharge dollars duty entitled equity evidence ex rel examination execution executor fact foreclosure fraud granted ground Held issued judge judgment jurisdiction jury justice letters testamentary liable lien Loeb & Co Lowville marine court marriage matter ment mortgage motion nunc pro tunc objection officer order of arrest party payment person plaintiff pleading premises proceedings provisions purchase question received recover reference rendered res adjudicata Revised Statutes sheriff special term suit summons supreme court testator thereof tiff tion trial trustees Union Theological Seminary vacate wife writ York
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Страница 220 - Such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealings. Fourth. Such as it shall purchase at sales under judgments, decrees, or mortgages held by the association, or shall purchase to secure debts due to it.
Страница 224 - ... all payments of money to either, made after the commission of an act of insolvency or in contemplation thereof, with a view to prevent the application of its assets in the manner prescribed by this act, or with a view to the preference of one creditor to another, except in payment of its circulating notes, shall be utterly null and void.
Страница 415 - ... may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action shall be continued in the name of the original party ; or the court may allow the person to whom the transfer is made, to be substituted in the action.
Страница 30 - That the former husband or wife of either party was living, and the marriage with such former husband or wife was then in force.
Страница 221 - That suits, actions, and proceedings, against any association under this act, may be had in any circuit, district, or territorial court of the United States held within the district in which such association may be established; or in any state, county, or municipal court in the county or city in which said association is located, having jurisdiction in similar cases...
Страница 207 - The affidavit of verification must be to the effect, that the pleading is true to the knowledge of the deponent, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Страница 387 - The decision of the court, or the report of the referee, upon the trial of the whole issue of fact, must state separately the facts found, and the conclusions of law ; and it must direct the judgment, to be entered thereupon.
Страница 57 - ... no estate, real or personal, shall hereafter be bequeathed, devised, or conveyed to any body politic, or to any person, in trust for religious or charitable uses, except the same be done by deed or will, attested by two credible, and, at the time, disinterested witnesses, at least one calendar month before the decease of the testator or alienor ; and all dispositions of property contrary hereto shall be void, and go to the residuary legatee or devisee, next of kin or heirs, according to law...
Страница 47 - County in the name of God I David Kelly considering the uncertainty of this mortal life and Being of sound mind and memory blessed be almighty God for the same do make and publish this my last will and testament in manner and form...
Страница 484 - States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and arising under the Constitution or laws of the United States...