Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Volume 15S.S. Peloubet, 1889 - Civil procedure |
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Page 14
... delivered the certificates thereof to the defend- ants O. , C. & C. , who have since wrongfully detained and still ... deliver them ; that the certificate came into the possession of the other defendants , W. , S. & W. , and that they ...
... delivered the certificates thereof to the defend- ants O. , C. & C. , who have since wrongfully detained and still ... deliver them ; that the certificate came into the possession of the other defendants , W. , S. & W. , and that they ...
Page 15
... delivered said certificate to the defendants Ogden , Calder & Co. , who have since wrongfully detained and still ... deliver the same . That there- after , and before this action , the said Helen B. Markham duly assigned to this ...
... delivered said certificate to the defendants Ogden , Calder & Co. , who have since wrongfully detained and still ... deliver the same . That there- after , and before this action , the said Helen B. Markham duly assigned to this ...
Page 17
... delivered the same to Ogden , Calder & Co. ( these three defendants ) , who have since wrongfully detained , and ... deliver it . These statements make out a sufficient statement of a cause of action for detention of personal property ...
... delivered the same to Ogden , Calder & Co. ( these three defendants ) , who have since wrongfully detained , and ... deliver it . These statements make out a sufficient statement of a cause of action for detention of personal property ...
Page 18
... deliver the certifi- cate on demand , then their wrongful act will be no excuse for their refusal to deliver . If they rightfully put the certificate out of their possession , so that they are not to blame for the alleged act of Work ...
... deliver the certifi- cate on demand , then their wrongful act will be no excuse for their refusal to deliver . If they rightfully put the certificate out of their possession , so that they are not to blame for the alleged act of Work ...
Page 19
... delivering it to the sheriff's clerk or by delivering it to the warden of the jail in which the prisoner is confined , unless in the latter case it is made to appear that the sheriff cannot with due diligence be found . Where a writ of ...
... delivering it to the sheriff's clerk or by delivering it to the warden of the jail in which the prisoner is confined , unless in the latter case it is made to appear that the sheriff cannot with due diligence be found . Where a writ of ...
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Common terms and phrases
55 N. Y. Super action brought affidavit affirmed alleged amendment amount answer Appeal by defendant application arbitrators award Berdell bill of particulars cause of action Civil Procedure claim clerk Code Civ Code of Civil complaint concurred contract copy corporation counter-claim damages Decided June defendant's delivered demand demurrer duly Eighme entitled Erie Erie county evidence execution executors facts appear favor filed Fort Scott Gideon Hard granted ground husband injunction issued judge judgment jurisdiction jury letters testamentary lien married woman matter ment N. Y. Civ non-resident notice offer of judgment opinion order appealed party payment person plaint plaintiff plaintiff's attorney pleading possession Prior proceedings proof provisions Quann question referee RESPONDENT reversed security for costs served sheriff statute sufficient summons SUPREME COURT surrogate tender thereafter thereof tion trial vacate Van Benthuysen verdict Weekly Dig wife writ YORK COUNTY
Popular passages
Page 305 - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Page 174 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 83 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Page 258 - Angeles, ss. being duly sworn, says: That he is the applicant in the foregoing application, that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Page 136 - It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof.
Page 234 - A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiffs claim, or connected with the subject of the action; 2.
Page 85 - ... in the county in which the cause of action or some part thereof, arose...
Page 156 - For it is not to be presumed that the Legislature intended to make any innovation upon the Common Law further than the case absolutely required.
Page 326 - Where it appears from the examination or testimony taken in a special proceeding authorized by this article that the judgment debtor has in his possession or under his control money or other personal property belonging to him...
Page 33 - Affidavit above referred to, but as and for damages alleged to have been suffered by the Plaintiff by reason of the sale and conveyance made by the Defendant to one W.