Reports of Practice Cases, Determined in the Courts of the State of New York: With a Digest of All Points of Practice Embraced in the Standard New York Reports ..., Volume 11J.S. Voorhies, 1872 - Civil procedure |
From inside the book
Results 1-5 of 86
Page viii
... action for libel .. when stricken out as frivolous or sham ... 390 227 , 399 , 453 Appeal - effect of pendency of , on inferior court . 435 from dismissal of attachment suit , no bar to new attach- ments .. from justices ' courts ...
... action for libel .. when stricken out as frivolous or sham ... 390 227 , 399 , 453 Appeal - effect of pendency of , on inferior court . 435 from dismissal of attachment suit , no bar to new attach- ments .. from justices ' courts ...
Page ix
... action to redeem .. Demurrer for misjoinder of actions , sustained ... Deposit - action to recover back on alleged fraud , is an action for fraud ..... Descent - between brothers is direct . Devise - nature of action to set aside ...
... action to redeem .. Demurrer for misjoinder of actions , sustained ... Deposit - action to recover back on alleged fraud , is an action for fraud ..... Descent - between brothers is direct . Devise - nature of action to set aside ...
Page x
... action of , what is not ... Elections . Canvassers cannot reject fraudulent returns . mandamus to compel , in corporation . 400 102 203 90 115 41 Recitals in sheriff's 41 Eminent domain - what is necessary land for railroad company ...
... action of , what is not ... Elections . Canvassers cannot reject fraudulent returns . mandamus to compel , in corporation . 400 102 203 90 115 41 Recitals in sheriff's 41 Eminent domain - what is necessary land for railroad company ...
Page xiii
... action for . Referee's absence during taking of evidence , effect of , and how waived ... Reference . Confirmation of report or judgment contrary to re- port , in adultery cases .... order for , in what cases appealable .. Release - of ...
... action for . Referee's absence during taking of evidence , effect of , and how waived ... Reference . Confirmation of report or judgment contrary to re- port , in adultery cases .... order for , in what cases appealable .. Release - of ...
Page 2
... action had abated . A motion is now made to dismiss the appeal , on the ground that the action has abated by the death of the plaintiff , and that the cause of action did not survive . At common law the action and the cause of action ...
... action had abated . A motion is now made to dismiss the appeal , on the ground that the action has abated by the death of the plaintiff , and that the cause of action did not survive . At common law the action and the cause of action ...
Other editions - View all
Common terms and phrases
59 Barb 60 Barb adverse possession affidavit affirmed Albany Hospital alleged amended answer application appointed assignment attachment attorney authority Barnstorf cause of action charge claim commissioners complaint contract corporation costs counsel court of appeals court of equity creditors debt decree deed defendant defendant's election entitled equity Erie Railway evidence ex rel execution fact fendant filed Fleet foreclosure Glenville Woolen granted ground held interest issue judge judgment jurisdiction jury land Lans liable lien mandamus manslaughter mechanic's lien ment Mirrick mortgage motion N. Y. Superior Ct ne exeat notice objection order of arrest owner paid Parsee party payment person plaintiff possession preferred stock premises prisoner proceedings proof question railroad recover reference Ruloff's sheriff special term Stat statute statute of limitations stockholders suit supreme court Supreme Ct Sweeny thereof thousand dollars tion trial trustees witness Woodgate
Popular passages
Page 159 - Civil actions can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, except where, in special cases, a different limitation is prescribed by statute, and in the cases mentioned in section seventy-three.
Page 183 - Whenever the track of a railroad constructed by a company formed under this act shall cross a railroad, a highway, turnpike or plank-road, such highway, turnpike or plank-road may be carried under or over the track, as may be found most expedient...
Page 158 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Page 28 - For the recovery of real property, or of an estate or Interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; "2.
Page 323 - The ccurt 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...
Page 161 - No 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 is 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.
Page 65 - The cemetery lands and property of any association, formed pursuant to this act, shall be exempt from all public taxes, rates and assessments; and shall not be liable to be sold on execution, or be applied in payment of debts, due from any individual proprietors.
Page 228 - An act to provide a national currency, secured by a pledge of United States stocks, and to provide for the circulation and redemption thereof...
Page 261 - The killing of a human being, without a design to effect death, by the act, procurement or culpable negligence of...
Page 544 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial, as provided in this code : 1.