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 |
From inside the book
Results 1-5 of 47
Page 19
... proceeds thereof to be deposited or invested , to abide the judgment of the ap- pellate court . ( 5 ) Thus , where the judgment appealed from is for an absolute or limit- ed divorce or for the partition of lands , and the like , it will ...
... proceeds thereof to be deposited or invested , to abide the judgment of the ap- pellate court . ( 5 ) Thus , where the judgment appealed from is for an absolute or limit- ed divorce or for the partition of lands , and the like , it will ...
Page 89
... proceeds in his hands , until the determination of the action . It seems also , that after the sale , the claimant has a right to maintain an action against the purchaser at the sheriff's sale , inasmuch as the sheriff , if he ...
... proceeds in his hands , until the determination of the action . It seems also , that after the sale , the claimant has a right to maintain an action against the purchaser at the sheriff's sale , inasmuch as the sheriff , if he ...
Page 107
... proceeds directed to be returned to the termor , the termor cannot maintain ejectment , to re- cover his term against the vendee of the sheriff . ( 7 ) Formerly , the sheriff , immediately upon the sale of real estate , was authorised ...
... proceeds directed to be returned to the termor , the termor cannot maintain ejectment , to re- cover his term against the vendee of the sheriff . ( 7 ) Formerly , the sheriff , immediately upon the sale of real estate , was authorised ...
Page 145
... proceeds : " It is contended , however , that if at common law the judgment and execution would have been regular , under our statutes the execution is irregular . The provisions of the statutes which relate to the subject , are as ...
... proceeds : " It is contended , however , that if at common law the judgment and execution would have been regular , under our statutes the execution is irregular . The provisions of the statutes which relate to the subject , are as ...
Page 163
... proceeds , so as to ascertain whether any portion of them is in his hands or due to him . But if it appear that he has not in his possession or under his control any por- tion of such proceeds , the inquiry respecting such property , or ...
... proceeds , so as to ascertain whether any portion of them is in his hands or due to him . But if it appear that he has not in his possession or under his control any por- tion of such proceeds , the inquiry respecting such property , or ...
Common terms and phrases
action adjudged affidavit allowed answer appeal apply appointed assignment bond certificate claim clerk Code Rep commenced commissioners complaint copy Court of Chancery Cowen damages debt decree deed defendant delivered demurrer direct discharge entered entitled to costs execution executors facts filed foreclosure guardian ad litem held hundred dollars Ibid infant interest issue Johns judge judgment creditor judgment debtor lands levy liable lien manner marriage ment mortgaged premises motion necessary notice nulla bona order of reference orig paid Paige party payment personal property plaintiff Plaintiff's Attorney possession practice proceedings proceeds promissory note prosecuted purchaser question real estate real property recover referee remittitur Revised Statutes rule S. C. Rep security for costs served sheriff sold special term suit Supreme Court sureties tenants therein thereof thousand eight hundred tion Title of cause trial undertaking unless verdict Wendell
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.