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 ..., Band 7J.S. Voorhies, 1859 |
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Seite 2
... facts essential to the judgment , and upon which it was based . As in the present case , if the court had found the same facts , and settled the same principles , which have been found and settled by the referee in this case , and had ...
... facts essential to the judgment , and upon which it was based . As in the present case , if the court had found the same facts , and settled the same principles , which have been found and settled by the referee in this case , and had ...
Seite 7
... facts are ascertained by a special verdict , or any other form of finding allowed by the law , the question , which party is entitled to judgment , arises upon appeal , and a judgment disposing of the whole case may be given at the ...
... facts are ascertained by a special verdict , or any other form of finding allowed by the law , the question , which party is entitled to judgment , arises upon appeal , and a judgment disposing of the whole case may be given at the ...
Seite 9
... facts must be pleaded . The essential fact is , that the agreement was made . If void , by reason of non - compliance with an exceptional stat- ute , it was not made , for an " absolutely void " agreement is no agreement at all . The ...
... facts must be pleaded . The essential fact is , that the agreement was made . If void , by reason of non - compliance with an exceptional stat- ute , it was not made , for an " absolutely void " agreement is no agreement at all . The ...
Seite 10
... fact on which the plaintiff relies is the making of the con- tract . This is admitted by the demurrer . It must be a ... facts to make the contract a legal one . These remarks apply to the objection that the complaint does not allege ...
... fact on which the plaintiff relies is the making of the con- tract . This is admitted by the demurrer . It must be a ... facts to make the contract a legal one . These remarks apply to the objection that the complaint does not allege ...
Seite 19
... facts only , leaving the facts and circumstances of the arrest , and those showing it to have been malicious , until the trial . Motion granted , with $ 10 costs , to abide event , and with lib- erty to plaintiff to amend his complaint ...
... facts only , leaving the facts and circumstances of the arrest , and those showing it to have been malicious , until the trial . Motion granted , with $ 10 costs , to abide event , and with lib- erty to plaintiff to amend his complaint ...
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Häufige Begriffe und Wortgruppen
affidavit alleged allowed amended amount answer appeal application assignment attorney authority averred Barb bill bona fide purchaser Cancemi cause of action certificates claim Code complaint consent contract corporation costs counsel counter-claim Court of Chancery court of equity creditors debt defendant defendant's demurrer denied entitled equity evidence examination execution facts fendants filed Fletcher Harper fraud fraudulent granted ground Haven R. R. held holders illegal indorser injunction interest issued James Ridgeway judge judgment judgment debtor jurisdiction jurors jury justice lien Lowber Mayor ment mortgage motion notice officer paid party payment person plaintiff plaintiff in error pleadings proceedings provisions purchase question recover reference security for costs sheriff Sixth Avenue Railroad special term statute sufficient suit Supreme Court thereof tiff tion transaction transfer trial trust usury verdict void Wend witness writ York
Beliebte Passagen
Seite 261 - 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.
Seite 394 - Claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Seite 389 - 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.
Seite 223 - 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.
Seite 257 - 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.
Seite 439 - ... or by an officer or agent of a corporation or banking association, in the course of his employment as such, or by any factor, agent, broker or other person in a fiduciary capacity, or for any misconduct or neglect in office, or in a professional employment. 3. In an action to recover the possession of personal property unjustly detained, where the property or any part thereof has been concealed, removed or disposed...
Seite 130 - ... actions at law and suits in equity and the forms of such actions and suits are prohibited by our constitution.
Seite 439 - In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied, or converted to his own use, by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity; or for misconduct or neglect in office, or in a professional employment, or for a willful violation of duty; 3.
Seite 137 - 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...
Seite 65 - 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.