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action administrator affidavit allowed Am'd appeal application appointed attend attorney authority award brought cause certified charge claim clerk commenced commissioner copy corporation costs creditor damages debt debtor decree deemed defendant delivered demand designated determination direct discharge discretion duties effect entered entitled execution executor fact filed final judgment given granted hearing held hundred interest issued judge judgment jurisdiction jurors jury justice last section letters liability maintained manner matter ment necessary notice otherwise paid party payment person petition petitioner plaintiff possession powers prescribed prisoner proceeds proof proper provision real property reason receiver record recover referee relating removed rendered resident respect served sheriff special proceeding specified stenographer supreme court surrogate surrogate's taken term therein thereof thereto thereupon thousand tion trial undertaking unless virtue warrant witness writ written York
Seite 93 - An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another.
Seite 94 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Seite 79 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item, proved in the account on either side.
Seite 108 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the court may order the pleading to be amended, upon such terms as may be just.
Seite 76 - ... 1. Where it has been usually cultivated or improved. 2. Where it has been protected by a substantial inclosure. 3. Where, although not inclosed, it has been used for the supply of fuel, or of fencing timber, either for the purposes of husbandry, or for the ordinary use of the occupant.
Seite 261 - Within the age of twenty-one years ; or, 2. Insane ; or, 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence for a term less than for life ; or, 4. A married woman, — The time, during which such disability...
Seite 125 - Where the defendant is either a foreign corporation or not a resident of the state; or, 7. If he is a natural person and a resident of the state, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent; or, 8.
Seite 115 - For the purpose of justification, each of the bail must attend before the judge, at the time and place mentioned in the notice^ and be examined on oath, on the part of the plaintiff, touching his sufficiency, in such manner as the judge, in his discretion, thinks proper. The...
Seite 101 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief; 2.
Seite 164 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...