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
... Statutes - Construction of ...... 198 Stipulation - of assignor of judgment not to be vacated for fraud on motion of ... statute .. has no jurisdiction to try disputed claims .... 343 435 407 336 425 T. Taxation - Duty and power of ...
... Statutes - Construction of ...... 198 Stipulation - of assignor of judgment not to be vacated for fraud on motion of ... statute .. has no jurisdiction to try disputed claims .... 343 435 407 336 425 T. Taxation - Duty and power of ...
Страница 23
... Statutes , could be done by naming the grantor and grantee as plaintiffs in different counts ( Ely a . Ballantine , 7 ... statute , making convey- ances of land held adversely void as to the party in possession , The People and Taylor a ...
... Statutes , could be done by naming the grantor and grantee as plaintiffs in different counts ( Ely a . Ballantine , 7 ... statute , making convey- ances of land held adversely void as to the party in possession , The People and Taylor a ...
Страница 25
... statute - e . g . , the salary of a district- court justice - although they have no fund appropriated by law to that pur- pose , if they have funds , or means of raising funds , appropriated generally to such expenses as they may be put ...
... statute - e . g . , the salary of a district- court justice - although they have no fund appropriated by law to that pur- pose , if they have funds , or means of raising funds , appropriated generally to such expenses as they may be put ...
Страница 30
... statute , every thing necessary to make it effectual or requisite to attain the end is implied . ( Stief a . Hart , 1 Comst . , 30 ; 1 Kent's Com . , 464 , 5 ed . ) So , where the law commands a thing to be done , it authorizes the ...
... statute , every thing necessary to make it effectual or requisite to attain the end is implied . ( Stief a . Hart , 1 Comst . , 30 ; 1 Kent's Com . , 464 , 5 ed . ) So , where the law commands a thing to be done , it authorizes the ...
Страница 31
... statutes in supposed opposition to the right of the plaintiff to insist upon his salary . But I think they can have no ... statute , passed , it must be presumed , with full knowledge of their existence and purposes . The Legislature ...
... statutes in supposed opposition to the right of the plaintiff to insist upon his salary . But I think they can have no ... statute , passed , it must be presumed , with full knowledge of their existence and purposes . The Legislature ...
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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.