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Abbotts action adverse possession affidavit Affirmed agent agreement allowed amend amount appeal apply arrest assignment attachment attorney authority award bail Bank Barb bill bond cause Chancery charge claim Code common Compare Comst contract corporation costs court creditors debt debtor decision decree defendant demand directed discharge Duer effect entered entitled Errors evidence execution fact give given granted ground Held Hill holder indorser interest issue Jackson Johns judge judgment Kern land leave liable maker Matter ment motion N. Y. Superior Ct necessary notice officer Overruled paid Paige party payable payment person plaintiff possession preme Ct proceedings provision purchaser question received recover reported Reversed rule Sandf Seld Smith Stat statute sufficient suit Supreme Ct taken term tion trial trust void Wend York
Seite 7 - From the time of the service of the summons in a civil action, the court shall be deemed to have acquired jurisdiction, and to have control of all the subsequent proceedings. A voluntary appearance of a defendant shall be equivalent to personal service of the summons upon him.
Seite 217 - Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced.
Seite 171 - In an order affecting a substantial right, made in such action, when such order in effect determines the action, and prevents a judgment from which an appeal might be taken : 3.
Seite 44 - ... 3. Where, although not inclosed, it has been used for the supply of fuel or of fencing timber, for the purposes of husbandry, or the ordinary use of the occupant : 4.
Seite 234 - The defendant may be arrested, as hereinafter prescribed, in the following cases: 1. In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the state with intent to defraud his creditors.
Seite 235 - When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.
Seite 74 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Seite 89 - Within twenty days after a pleading, or the answer or demurrer thereto, is served, or at any time before the period for answering it expires, the pleading may be once amended by the party, of course, without costs, and without prejudice to the proceedings already had.
Seite 234 - 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 of, so that it cannot be found or taken by the sheriff, and with the intent that it should not be so found or taken, or with the intent to deprive the plaintiff of the benefit thereof.