Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York, Volume 58William Gould & Son, 1880 - Civil procedure |
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Page 47
... Civil Procedure , a party in an equity case is not bound by the verdict if he fails , before final judgment , to move to set it aside and for a new trial . The trial judge in an equity case , where the issues are tried before a jury ...
... Civil Procedure , a party in an equity case is not bound by the verdict if he fails , before final judgment , to move to set it aside and for a new trial . The trial judge in an equity case , where the issues are tried before a jury ...
Page 50
... Civil Procedure , the appellant on his appeal will be concluded by the verdict of the jury , inasmuch as no motion for a new trial was made before final judgment was awarded , but that question was not properly one to be considered by ...
... Civil Procedure , the appellant on his appeal will be concluded by the verdict of the jury , inasmuch as no motion for a new trial was made before final judgment was awarded , but that question was not properly one to be considered by ...
Page 90
... tenements , or part of a single tenement , by the owner of both or the whole . Easements or servitudes are divided by the civil code of Outerbridge and Scott agt . Phelps . France into continuous 90 NEW YORK PRACTICE REPORTS .
... tenements , or part of a single tenement , by the owner of both or the whole . Easements or servitudes are divided by the civil code of Outerbridge and Scott agt . Phelps . France into continuous 90 NEW YORK PRACTICE REPORTS .
Page 98
... Civil Procedure , section 682- A mere levy not an actual application of attached property under this section · Insufficiency of affidavit to warrant attachment . - A mere levy is not an actual application of the attached property to the ...
... Civil Procedure , section 682- A mere levy not an actual application of attached property under this section · Insufficiency of affidavit to warrant attachment . - A mere levy is not an actual application of the attached property to the ...
Page 112
... Civil Procedure , and the justification of the sureties therein , written thereon , are essential parts of the instrument ( Code of Civil Procedure , secs . 810 , 812 ) . The affidavits of justification of sureties , on an undertaking ...
... Civil Procedure , and the justification of the sureties therein , written thereon , are essential parts of the instrument ( Code of Civil Procedure , secs . 810 , 812 ) . The affidavits of justification of sureties , on an undertaking ...
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Common terms and phrases
affidavit affirmed alleged amended amount answer ante appeal application appointed assignment attachment attorney authority averment Bank agt Barb bond cause of action chose in action Civil Procedure claim Code of Civil codicil complaint contract costs counsel covenant creditors damages debt debtor deceased decree deed defendant defendant's demurrer denied Digest easement entitled error evidence ex rel execution executors fact favor filed foreclosure granted ground habeas corpus Held husband interest issued judge judgment jurisdiction jury justice land liable lien LVIII mandamus Mayor ment mortgage motion National Bank Nichols notice paid party Patrick's Cathedral payment person plaintiff pleading premises proceedings provisions purchaser question received recover referee reference reissue relator respondent reversed Ruckman rule sheriff special term statute supreme court sureties testator therein thereof tiff tion trial trust usury wife wire gauze writ writ of certiorari York
Popular passages
Page 93 - The principle is, that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of the sale to belong to it, as between it and the property which the vendor retains.
Page 309 - ... its use. or for the use of any of its shareholders or creditors: and all payments of money to either, made after the commission of an act of insolvency, or in contemplation thereof...
Page 474 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Page 179 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Page 310 - That suits, actions, and proceedings, against any association under this act, may be had in any circuit, district, or territorial court of the United States held within the district in which such association may be established; or in any state, county, or municipal court in the county or city in which said association is located, having jurisdiction in similar cases...
Page 150 - Each house shall be the judge of the election,, returns, and qualifications of its own members...
Page 144 - ... shall not change or alter any decision before made by them, but shall only cause their canvass to be correctly stated...
Page 260 - ... may establish, or tend to establish, that such witness owes a debt, or is otherwise subject to a civil suit. But this provision shall not be construed to require a witness to give any answer which will have a tendency to accuse himself of any crime or misdemeanor, or to expose him to any penalty or forfeiture, nor in any respect to vary or alter any other rule respecting the examination of witnesses.
Page 85 - No easement exists so long as there is a unity of ownership, because the owner of the whole may, at any time, rearrange the qualities of the several parts. But the moment a severance occurs, by the sale of a part, the right of the owner to redistribute the properties of the respective portions ceases ; and easements or servitudes are created, corresponding to the benefits and burdens mutually existing at the time of the sale.
Page 479 - The 2d section declares, that "the judicial power shall extend to all cases in law or equity, arising under this constitution, the laws of the United States, and the treaties made, or which shall be made, under their authority...