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 |
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Results 1-5 of 82
Page 3
... fact does not change substantially the rights of the parties . The right to appeal from the decision granting the new trial and to proceed for the purpose of restoring the verdict , can be held to pass to the per- sonal representatives ...
... fact does not change substantially the rights of the parties . The right to appeal from the decision granting the new trial and to proceed for the purpose of restoring the verdict , can be held to pass to the per- sonal representatives ...
Page 12
... fact no election had been held for eight or ten years and none was had on the first Monday of August , 1871. The re- lators are members of the corporation , and would have been entitled to vote at an election if held on the day last ...
... fact no election had been held for eight or ten years and none was had on the first Monday of August , 1871. The re- lators are members of the corporation , and would have been entitled to vote at an election if held on the day last ...
Page 30
... fact is not enough . Appeal from an order . This action was brought in the supreme court , by William C. Kain against Franklin H. Delano and Peter B. Olney . The plaintiff claimed , as assignee of a contract respecting the collection of ...
... fact is not enough . Appeal from an order . This action was brought in the supreme court , by William C. Kain against Franklin H. Delano and Peter B. Olney . The plaintiff claimed , as assignee of a contract respecting the collection of ...
Page 35
... facts will require the ex- amination of a long account ; and when not referable under the statute , they must be tried ... fact , passed upon by the court below , upon competent evidence fairly calling for the exercise of the judgment of ...
... facts will require the ex- amination of a long account ; and when not referable under the statute , they must be tried ... fact , passed upon by the court below , upon competent evidence fairly calling for the exercise of the judgment of ...
Page 56
... facts necessary to uphold it ; and , although a decree , in express terms , purports to affirm a particu- lar fact or rule of law , yet if such fact or rule of law was immaterial to the issue , and the controversy did not turn upon it ...
... facts necessary to uphold it ; and , although a decree , in express terms , purports to affirm a particu- lar fact or rule of law , yet if such fact or rule of law was immaterial to the issue , and the controversy did not turn upon it ...
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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.