A Treatise on the Practice of the Supreme Court of the State of New York: Adapted to the Code of Procedure, as Amended by the Act of April 11, 1849, and the Act of April 16, 1852, and the Rules of the Supreme Court, Volume 2Gould, Banks & Company, 1854 - Civil procedure |
Common terms and phrases
according action actual affidavit allowed amount answer appeal apply appointed attorney authorized bond bring brought cause charge claim clerk Code Code Rep commenced complaint copy costs course court Cowen creditor damages Dated debt decree deed defendant delivered determine direct discharge dollars entered entitled evidence examination execution facts filed further give given granted guardian held hundred infant interest issue Johns judge judgment judgment debtor lands levy lien manner ment mortgage motion necessary notice obtained paid Paige party payment person plaintiff possession practice premises proceedings proceeds proper purchaser question real estate reason receiver recover reference respect rule says served share sheriff sold statute sufficient suit Supreme Court sureties taken term therein thereof tion Title of cause trial undertaking unless Wendell whole
Popular passages
Page 87 - Every sale made by a vendor, of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by an immediate delivery and be followed by an actual and continued change of possession of the things...
Page 18 - ... two or more sureties to the effect that during the possession of such property by the appellant he will not commit or suffer to be committed, any waste thereon...
Page 359 - That the same has not been taken for a tax, assessment or fine, pursuant to a statute ; or seized under an execution or attachment against the property of the plaintiff ; or if so seized, that it is, by statute, exempt from such seizure ; and 5.
Page 259 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 464 - York of the second part witnesseth that the said party of the first part for and in consideration of the sum of two hundred and seventy seven dollars money of account of the United States to him in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged...
Page 264 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Page 277 - In all cases of sales of property the terms must be made known at the time; and if the premises consist of distinct farms or lots, they must be sold separately.
Page 464 - ... to have and to hold to the said party of the second part, his heirs and assigns, to the sole and only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns forever.
Page 388 - ... credit, and to bring him into public scandal, infamy, and disgrace...
Page 310 - ... without the consent of her father, mother, guardian or other person having legal charge of her person, for the purpose of marriage ; or, 2.