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 viii
... objection . 1330 HATTON v . MCFADDIN .... 42 Appeal from judgment requiring execution of instrument ; when proceedings not stayed by deposit . 1337 PARKHURST v . BERDELL ... 354 Referee's findings ; when not disturbed on appeal . 1346 ...
... objection . 1330 HATTON v . MCFADDIN .... 42 Appeal from judgment requiring execution of instrument ; when proceedings not stayed by deposit . 1337 PARKHURST v . BERDELL ... 354 Referee's findings ; when not disturbed on appeal . 1346 ...
Page x
... objection . JELLY v . PARAISO REDUCTION COMPANY ... 86 Corporation ; jurisdiction of New York supe- rior court of action for sequestration , and to ap- point a receiver . 1823 HOXIE v . KENNEDY ... 185 Real property of decedent ; when ...
... objection . JELLY v . PARAISO REDUCTION COMPANY ... 86 Corporation ; jurisdiction of New York supe- rior court of action for sequestration , and to ap- point a receiver . 1823 HOXIE v . KENNEDY ... 185 Real property of decedent ; when ...
Page 4
... objected to the reception and entry of the verdict , on the ground that three of the jurors had stated that it was not their verdict , and moved to strike it from the record , and the court thereupon directed the verdict to be entered ...
... objected to the reception and entry of the verdict , on the ground that three of the jurors had stated that it was not their verdict , and moved to strike it from the record , and the court thereupon directed the verdict to be entered ...
Page 22
... objecting to the papers served , on the ground that they did not comply with Rule 2 of the General Rules of Practice , requiring the same to contain the office address and place of business of the attorney serving them . ( Decided June ...
... objecting to the papers served , on the ground that they did not comply with Rule 2 of the General Rules of Practice , requiring the same to contain the office address and place of business of the attorney serving them . ( Decided June ...
Page 27
... those matters duplicated . The objection is technical in character , and will not be sus- See McCarron v . Sire , 14 N. Y. Civ . Pro . 252 . Shankland v . Bartlett , tained unless the construction of CIVIL PROCEDURE REPORTS . 27.
... those matters duplicated . The objection is technical in character , and will not be sus- See McCarron v . Sire , 14 N. Y. Civ . Pro . 252 . Shankland v . Bartlett , tained unless the construction of CIVIL PROCEDURE REPORTS . 27.
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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.