New Cases Selected Chiefly from Decisions of the Courts of the State of New York, Volume 1George S. Diossy, 1877 - Civil procedure |
From inside the book
Results 1-5 of 59
Page iii
... present cases officially reported . The only exception to this rule is in respect to a class of decisions affecting procedure , of which the profession are interested to receive early and accurate information in advance of the official ...
... present cases officially reported . The only exception to this rule is in respect to a class of decisions affecting procedure , of which the profession are interested to receive early and accurate information in advance of the official ...
Page 17
... present is ,. that there the plaintiff offered to pay costs , while in this the court has directed them to be paid . This brings me to the last question in this case- which is , whether it is difficult and extraordinary . No one can , I ...
... present is ,. that there the plaintiff offered to pay costs , while in this the court has directed them to be paid . This brings me to the last question in this case- which is , whether it is difficult and extraordinary . No one can , I ...
Page 25
... present defendants in error , then brought this present suit in the same district court of Louisiana , to revoke the will and recall the probate , on the ground of alleged falsity and insufficiency of the evidence on which it was ...
... present defendants in error , then brought this present suit in the same district court of Louisiana , to revoke the will and recall the probate , on the ground of alleged falsity and insufficiency of the evidence on which it was ...
Page 37
... present such fact in the complaint . " The present case is distinguishable , too , from Hann v . Van Voorhis ( 5 Hun , 12 N. Y. Supreme Ct . 425 ) , * in the fact which is here distinctly averred by the plain- tiff , and admitted ...
... present such fact in the complaint . " The present case is distinguishable , too , from Hann v . Van Voorhis ( 5 Hun , 12 N. Y. Supreme Ct . 425 ) , * in the fact which is here distinctly averred by the plain- tiff , and admitted ...
Page 50
... present the same for payment , and was therefore guilty of no laches in not presenting it for payment before the bank failed ( Edwards on Bills , 396 ; Story on Prom . Notes , § 493 ; Chitty on Bills , 377 ; Burkhalter v . Second Nat ...
... present the same for payment , and was therefore guilty of no laches in not presenting it for payment before the bank failed ( Edwards on Bills , 396 ; Story on Prom . Notes , § 493 ; Chitty on Bills , 377 ; Burkhalter v . Second Nat ...
Contents
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489 | |
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New Cases Selected Chiefly from Decisions of the Courts of the ..., Volume 18 Austin Abbott No preview available - 2013 |
Common terms and phrases
affidavit alleged allowed amended amount answer appeal application assignment assignor attorney Austin Abbott authority averment Bank bankrupt bankruptcy Barb Beecher bill of particulars bond cause of action charge circuit court cited claim Code common law competent tribunal complaint contract corporation costs counsel court of equity debt debtor deed defendant defendant's demurrer denied discharge district-attorney duty Edward Lumley entitled equity evidence examination execution facts filed granted habeas corpus held indictment injunction issue judge judgment jurisdiction jury liable libel lien malicious prosecution marriage matter ment Miller mortgage motion Moulton N. Y. Supreme Court necessary nolle prosequi opinion paid party payment persons petition place of trial plaintiff pleading premises probable cause proceedings provisions question reference removal rule Smith snow Special Term suit thereof tion Townshend track trustees Twenty-third Street R. R. void Wend York
Popular passages
Page 170 - No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation...
Page 368 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Page 22 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 23 - ... shall make and file therewith a bond, with good and sufficient surety, for his or their entering in such circuit court, on the first day of its then next session, a copy of the record in such suit, and for paying all costs that may be awarded by the said circuit court, if said court shall hold that such suit was wrongfully or improperly removed thereto...
Page 167 - No act shall be passed which shall provide that any existing law, or any part thereof, shall be made or deemed a part of the act or which shall enact that any existing law, or any part thereof, shall be applicable, except by inserting it in such act.
Page 163 - No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.
Page 23 - ... the removal of such suit into the circuit court to be held in the district where such suit is pending, and shall make and file therewith a bond, with good and sufficient surety, for his or their entering in such...
Page 7 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Page 20 - ... nor shall any circuit or district court have cognizance of any suit founded on contract in favor of an assignee, unless a suit might have been prosecuted in such court to recover thereon if no assignment had been made, except in cases of promissory notes negotiable by the law merchant and bills of exchange.
Page 66 - ... no corporation shall possess or exercise any corporate powers, except such as shall be necessary to the exercise of the powers so enumerated and given.