A Digest of New York Statutes and Reports: From the Earliest Period to the Year 1860, Volume 3J.S. Voorhies, 1864 - Law reports, digests, etc |
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Page 23
... application greater in amount than that on which the ap- plication is based . In such a case the party should be left to an action upon his judgment , that the debtor may avail himself of his equi- table set - off . N. Y. Com . Pl ...
... application greater in amount than that on which the ap- plication is based . In such a case the party should be left to an action upon his judgment , that the debtor may avail himself of his equi- table set - off . N. Y. Com . Pl ...
Page 46
... applying the proceeds of the land sold under several exe- cutions , corrected on the application of an in - preme Ct . , 1830 , Jackson v . Walker , 4 Wend . , termediate judgment - creditor for a mandamus to enable him to redeem ...
... applying the proceeds of the land sold under several exe- cutions , corrected on the application of an in - preme Ct . , 1830 , Jackson v . Walker , 4 Wend . , termediate judgment - creditor for a mandamus to enable him to redeem ...
Page 47
... application for an at - titled to the surplus arising from a sale of th tachment : -1 . That the stay of proceedings , land under a prior judgment , in preference to if it continued in force up to the expiration of a creditor having a ...
... application for an at - titled to the surplus arising from a sale of th tachment : -1 . That the stay of proceedings , land under a prior judgment , in preference to if it continued in force up to the expiration of a creditor having a ...
Page 66
... application ; yet , - first judgment for the amount of W.'s interest therein , under which the same premises were sold to W . ; - Held , that W. having conveyed the land to H. , as a mere trustee , he was not thereby estopped from ...
... application ; yet , - first judgment for the amount of W.'s interest therein , under which the same premises were sold to W . ; - Held , that W. having conveyed the land to H. , as a mere trustee , he was not thereby estopped from ...
Page 71
... application , to require the execu- tor to give security under the statute , for the dae administration of the estate . The validity of the demand , and the plea of limitations , should not be tried on such application . N. Y. Surr . Ct ...
... application , to require the execu- tor to give security under the statute , for the dae administration of the estate . The validity of the demand , and the plea of limitations , should not be tried on such application . N. Y. Surr . Ct ...
Common terms and phrases
11 Paige A. V. Chan Abbotts action administrator affidavit affirming S. C. amount Appeals application appointed assignment Barb bill Bradf cargo Chancery charge claim Code complaint Comst contract conveyance court court of equity creditors debt debtor decree deed defendant discharge Duer E. D. Smith entitled equity Errors execution executor foreclosure fraud fraudulent granted guardian habeas corpus Held Hill husband indictment infant injunction insured interest issued Jackson Johns judg judgment jurisdiction land levy liable lien loss Matter ment mortgage N. Y. Leg N. Y. Superior Ct N. Y. Surr notice owner party payment person plaintiff possession preme Ct premises proceedings provision purchaser real property recover Sandf Seld sheriff sheriff's deed sold Stat statute Statute of Frauds subsequent suit Supreme Ct surrogate tion trust valid vessel void Wend wife
Popular passages
Page 398 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 59 - ... after the return of an execution against his property unsatisfied in whole or in part...
Page 497 - But the causes of action, so united, must all belong to one of these classes, and, except in actions for the foreclosure of mortgages, must affect all the parties to the action, and not require different places of trial, and must be separately stated.
Page 252 - Every contract for the leasing for*a longer period than one year, or for the sale of any lands, or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is made.
Page 77 - Things annexed to the freehold, or to any building for the purpose of trade or manufacture, and not fixed into the wall of a house so as to be essential to its support.
Page 296 - From a deliberate and premeditated design to effect the death of the person killed, or of another ; or 2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without...
Page 431 - The question, therefore, must always be " whether there was, under all the circumstances at the time the policy was underwritten, a fair representation ; or a concealment ; fraudulent, if designed ; or, though not designed, varying materially the object of the policy, and changing the risk understood to be run.
Page 491 - If the payment exceeds the interest, the surplus goes toward discharging the principal, and the subsequent interest is to be computed on the balance of principal remaining due. If the payment be less than the interest, the surplus of interest must not be taken to augment the principal ; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due ; and then the surplus is to be applied toward discharging the principal, and interest is...
Page 569 - And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ...
Page 223 - ... decree or judgment suffered, with the like intent, as against the persons so hindered, delayed or defrauded, shall be void.