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 66
... writ issues . Numerous decisions , however , can be found in which it has been held to properly issue to compel a corpora- tion to do that which , by law , it is required to do , especially when no other adequate remedy exists . If we ...
... writ issues . Numerous decisions , however , can be found in which it has been held to properly issue to compel a corpora- tion to do that which , by law , it is required to do , especially when no other adequate remedy exists . If we ...
Page 67
... Writs were originally devised by courts to redress peculiar grievances , and the power which could create can enlarge the original office , pro- vided the jurisdiction of the court over the subject - matter and of the persons is not ...
... Writs were originally devised by courts to redress peculiar grievances , and the power which could create can enlarge the original office , pro- vided the jurisdiction of the court over the subject - matter and of the persons is not ...
Page 128
... on the assignee and a writ- ten demand made by James R. Adams , Esq . , the attorney for Matter of assignment of Stockbridge and Martin . all the 128 NEW YORK PRACTICE REPORTS . Matter of assignment of Stockbridge and Martin. ...
... on the assignee and a writ- ten demand made by James R. Adams , Esq . , the attorney for Matter of assignment of Stockbridge and Martin . all the 128 NEW YORK PRACTICE REPORTS . Matter of assignment of Stockbridge and Martin. ...
Page 136
... Term , November , 1879 . THIS was a return made by the city of Utica , & c . , to a common law writ of certiorari issued to review the proceed- The People ex rel . Kerber et al . agt 136 NEW YORK PRACTICE REPORTS . SUPREME COURT. ...
... Term , November , 1879 . THIS was a return made by the city of Utica , & c . , to a common law writ of certiorari issued to review the proceed- The People ex rel . Kerber et al . agt 136 NEW YORK PRACTICE REPORTS . SUPREME COURT. ...
Page 137
... writ were thereafter made in obedience to the command contained in the writ , and an order of special term requiring an amend- ment thereto . The argument upon the questions raised , upon the return to the writ , was made before the ...
... writ were thereafter made in obedience to the command contained in the writ , and an order of special term requiring an amend- ment thereto . The argument upon the questions raised , upon the return to the writ , was made before the ...
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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...