Reports of Practice Cases, Determined in the Courts of the State of New York: With a Digest of All Points of Practice Embraced in the Standard New York Reports ..., Том 8J.S. Voorhies, 1859 |
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Страница xi
... publication - how made ... 123 Set - off - in proceedings against stockholders of insolvent corporations .. Special Jury - why should not be ordered in New York city 193 428 Statutes - Construction of ...... 198 Stipulation - of ...
... publication - how made ... 123 Set - off - in proceedings against stockholders of insolvent corporations .. Special Jury - why should not be ordered in New York city 193 428 Statutes - Construction of ...... 198 Stipulation - of ...
Страница 70
... publication mentioned , in the employment of the defendant Kirker , who was then carrying on business in the city of New York , as a bookseller , under the name of Edward Dunigan & Brother ; that the said Kirker saw the circular to ...
... publication mentioned , in the employment of the defendant Kirker , who was then carrying on business in the city of New York , as a bookseller , under the name of Edward Dunigan & Brother ; that the said Kirker saw the circular to ...
Страница 123
... PUBLICATION . When an order for service of summons upon a non - resident by publication is ob- tained , if personal service out of the State is effected , it is unnecessary to pro- ceed to make publication , and to deposit summons in ...
... PUBLICATION . When an order for service of summons upon a non - resident by publication is ob- tained , if personal service out of the State is effected , it is unnecessary to pro- ceed to make publication , and to deposit summons in ...
Страница 124
... publication , and deposit in the post - office : the summons and complaint were alleged to be personally served on defendants Mitchells on the 1st day of July , 1858 : the summons was not published , nor a copy of the summons and ...
... publication , and deposit in the post - office : the summons and complaint were alleged to be personally served on defendants Mitchells on the 1st day of July , 1858 : the summons was not published , nor a copy of the summons and ...
Страница 125
... publication and deposit in the post - office : the object of the publication , as well as of the notice by mail , is to inform the defendant that the action has been commenced . This becomes unnecessary , if the defendant obtains the ...
... publication and deposit in the post - office : the object of the publication , as well as of the notice by mail , is to inform the defendant that the action has been commenced . This becomes unnecessary , if the defendant obtains the ...
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27 Barb adverse possession affidavit affirmed alleged allowed amended amount answer application assignment attachment attorney authority averment Bosw cause of action choses in action claim Code commenced complaint contract corporation costs Court of Appeals creditor damages debt decision defendant defendant's demurrer denied domicile E. D. Smith's C. P. R. Empire City Bank entered entitled equitable evidence execution facts fendant filed ground Held Insurance intended issued Jersey Railroad Company judge judgment debtor juror jury justice lease Lewis Beach liable lien mandamus ment mortgage motion N. Y. Common Pleas N. Y. Superior Ct Nicholas Hotel non-resident Norwalk notice objection opinion party payment person plaintiff possession premises proceedings provisions question Railroad Company receiver recover reference residence sheriff special term stockholders sufficient Sullivan county summons Supreme Court Supreme Ct thereof tion trial verdict Wend Wilson witness York
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Страница 378 - ... issues, profits or proceeds thereof, and any real, personal or mixed property which shall come to her by descent, devise or bequest, or the gift of any person except her husband, shall remain her sole and separate property, notwithstanding her marriage, and not be subject to the disposal of her husband or liable for his debts.
Страница 190 - Application for the writ is made by petition, signed either by the party for whose relief it is intended, or by some person in his behalf, and must specify: 1.
Страница 258 - The existence of a conspiracy being first established, " the principle on which the acts and declarations of other conspirators, and acts done at different times, are admitted in evidence against the persons prosecuted, is, that by the act of conspiring together, the conspirators have jointly assumed to themselves, as a body, the attribute of individuality, so far as regards the prosecution of the common design; thus rendering whatever is done or said by any one, in furtherance of that design, a...
Страница 232 - 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.
Страница 214 - The term corporations, as used in this article, shall be construed to include all associations and joint-stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons.
Страница 63 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Страница 437 - Docketing justices' judgments. A justice of the peace, on the demand of a party in whose favor he shall have rendered a judgment, shall give a transcript thereof, which may be filed and docketed in the office of the clerk of the county where the judgment was rendered. The time of the receipt of the transcript by the clerk shall be noted thereon and entered in the docket ; and from that time the judgment shall be a judgment of the county court.
Страница 438 - When an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, issued to the sheriff of the county where he resides ; or if he do not reside in this state, to the sheriff...
Страница 35 - But there may be allowed to the prevailing party, upon the judgment, certain sums, by way of indemnity for his expenses in the action ; which allowances are in this act termed costs.
Страница 13 - Before judgment, provisionally, on the application of either party, when he establishes a prima facie right to the property, or an interest in the property which is the subject of the action, and which is in the possession of an adverse party, and the property or its rents and profits are in danger of being lost or materially injured or impaired.