The Code of Procedure of the State of New York, as Amended to 1870: With Notes on Pleading and Practice, Rules of the Courts, and a Full Index |
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Page 34
... Bosw . 685 ; McKenzie v . Hackstaff , 2 E. D. Smith , 75 ) . They have no jurisdiction to compel a conveyance of land out of the city of New York ( Ring v . McCoun , 10 N. Y. 268 ) , or to set aside as fraudulent a conveyance of land ...
... Bosw . 685 ; McKenzie v . Hackstaff , 2 E. D. Smith , 75 ) . They have no jurisdiction to compel a conveyance of land out of the city of New York ( Ring v . McCoun , 10 N. Y. 268 ) , or to set aside as fraudulent a conveyance of land ...
Page 87
... Bosw . 226 ) . To make a part pay- ment evidence of a promise to pay the balance , it must be voluntary on the part of the debtor and must occur under circumstances consistent with an in- tent to pay such balance ( id .; Miller v ...
... Bosw . 226 ) . To make a part pay- ment evidence of a promise to pay the balance , it must be voluntary on the part of the debtor and must occur under circumstances consistent with an in- tent to pay such balance ( id .; Miller v ...
Page 89
... Bosw . 617 ) . b . Authority to commence action . — Except in the action of eject- ment , as to which see 2 R. S. 305 , § 17 ; Howard v . Hard , 11 How . 80 ; and 10 Wend . 568 , the defendant is not ordinarily entitled to demand the ...
... Bosw . 617 ) . b . Authority to commence action . — Except in the action of eject- ment , as to which see 2 R. S. 305 , § 17 ; Howard v . Hard , 11 How . 80 ; and 10 Wend . 568 , the defendant is not ordinarily entitled to demand the ...
Page 90
... Bosw . 428 ; Cam- den B'k v . Rogers , 4 How . 63 ; East River B'k v . Judah , 10 id . 135 ; Williams v . Brown , 2 Keyes , 486 ) . The presumption is not repelled by showing that it came into his hands after it was due ( James v ...
... Bosw . 428 ; Cam- den B'k v . Rogers , 4 How . 63 ; East River B'k v . Judah , 10 id . 135 ; Williams v . Brown , 2 Keyes , 486 ) . The presumption is not repelled by showing that it came into his hands after it was due ( James v ...
Page 91
... Bosw . 564 ) . d . One of the several partners may assign a debt due the firm ( Everit v . Strong , 7 Hill , 585 ) ; and a surviving partner may assign a chose in action be- longing to his late firm ( Pinckney v . Wallace , 1 Abb . 82 ) ...
... Bosw . 564 ) . d . One of the several partners may assign a debt due the firm ( Everit v . Strong , 7 Hill , 585 ) ; and a surviving partner may assign a chose in action be- longing to his late firm ( Pinckney v . Wallace , 1 Abb . 82 ) ...
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The Code of Procedure of the State of New York, as Amended to 1870: With ... John Townshend No preview available - 2017 |
Common terms and phrases
affidavit alleged allowed Am'd amend amount answer appeal apply appointed arrest assignment attachment attorney authority averment Bank Barb bond Bosw brought Brown cause of action charge claim Code Rep commenced complaint contract copy corporation costs court creditor damages debt debtor defendant delivered demand demurrer denied Duer E. D. Smith entered entitled evidence execution facts filed give given granted ground held Hill interest issue Johns judge judgment jurisdiction jury justice leave ment motion necessary notice objection obtained paid party payment person plaintiff pleading possession proceedings question receiver recover reference refused rendered resident rule Sand separate served sheriff statute sufficient suit summons supreme court taken term thereof tion tort trial unless verdict Wend witness York
Popular passages
Page 114 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 264 - 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...
Page 762 - Justices of the Peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term they shall hold for the residue of the unexpired term.
Page 85 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Page 219 - Procedure provides that the answer of the defendant shall contain (2) a statement of any new matter constituting a defense or counterclaim. Section 438 thereof provides that — "The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action...
Page 309 - Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff...
Page 594 - The defendant may, at any time before the trial or verdict, serve upon the plaintiff, an offer in writing to allow judgment to be taken against him, for the sum or property, or to the effect therein specified, with costs.
Page 109 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Page 759 - Judges of the court of appeals, and justices of the supreme court, may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to each house concur therein.
Page 87 - . íío acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.