Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Volume 22S.S. Peloubet, 1892 - Civil procedure |
From inside the book
Results 1-5 of 90
Page 8
... is put upon the plain ground that in such a case as this an extra allowance cannot be granted to a defendant , on the dismissal of a complaint Dr. Jaeger's Sanitary Woolen System Co. v . Le Boutillier 8 CIVIL PROCEDURE REPORTS .
... is put upon the plain ground that in such a case as this an extra allowance cannot be granted to a defendant , on the dismissal of a complaint Dr. Jaeger's Sanitary Woolen System Co. v . Le Boutillier 8 CIVIL PROCEDURE REPORTS .
Page 16
... ground that two causes of action are improperly united therein because said causes of action are not separated or stated to be independent of each other and are not separately numbered . Wiles . Suydam ( 64 N. Y. 173 ) ; Goldberg v ...
... ground that two causes of action are improperly united therein because said causes of action are not separated or stated to be independent of each other and are not separately numbered . Wiles . Suydam ( 64 N. Y. 173 ) ; Goldberg v ...
Page 17
... ground that it appears upon the face of the complaint that causes of action have been improperly united , nam- ing four particulars . The plaintiff is the owner of certain lands in Ironde- quoit lying along North avenue , which extends ...
... ground that it appears upon the face of the complaint that causes of action have been improperly united , nam- ing four particulars . The plaintiff is the owner of certain lands in Ironde- quoit lying along North avenue , which extends ...
Page 19
... ground ; that said horse in his fright and struggle to escape stepped upon plaintiff's head , shoulder and the lower part of his body , wounding and bruising plaintiff ; that plaintiff , as the result of said injuries , was confined to ...
... ground ; that said horse in his fright and struggle to escape stepped upon plaintiff's head , shoulder and the lower part of his body , wounding and bruising plaintiff ; that plaintiff , as the result of said injuries , was confined to ...
Page 21
... ground that there were attempted to be joined in the complaint two causes of action , one for the relief against a continuing nuisance , and the other for personal injuries received through the negligence of the defendants , happening ...
... ground that there were attempted to be joined in the complaint two causes of action , one for the relief against a continuing nuisance , and the other for personal injuries received through the negligence of the defendants , happening ...
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Common terms and phrases
16 Daly affidavit affirmed alleged amendment amount answer Anton Dobler application assignment attachment attorney cause of action city court Civil Procedure claim Code of Civil complaint concurred corporation costs counsel county special term court of appeals creditor damages decedent Decided defendant defendant's demurrer denied deposited directing disbursements Duffy duly entitled entry equity evidence execution executors facts Fatman favor February 18 fendant Galusha granted Greenwood Lake ground held interest interpleader issue J.-This judge judgment debtor jurisdiction jury justice lien Manhattan Railway Marvin ment mortgage motion N. Y. Civ N. Y. Supp notice opinion order appealed party payment person plaintiff plaintiff's attorney pleading proceedings question Railway real property recover referee reference refused rendered respondent reversed rule sheriff statute subd summons SUPREME COURT surrogate surrogate's court testimony therein thereof tion trial vacate verdict witness York York county
Popular passages
Page 334 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 172 - 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 406 - ... shall be the trustees of the creditors and stockholders of the corporation dissolved, and shall have full power to settle the affairs of the corporation, collect and pay the outstanding debts, and divide among the stockholders the moneys and other property that shall remain, after the payment of debts and necessary expenses.
Page 223 - ... rights, respecting the subject of the action, and tending to render the judgment ineffectual, an injunction order may be granted to, restrain him therefrom.
Page 353 - Where the cause of action originally accrued in favor of a resident of the State.
Page 276 - The compensation of an attorney or counsellor for his services is governed by agreement, express or implied, which is not restrained by law.
Page 381 - State, upon the application of any religious corporation, in case he shall deem it proper, to make an order for the sale of any real estate belonging to such corporation, and to direct the application of the moneys arising therefrom, by the said corporation, to such uses as the same corporation, with the consent and approbation of the chancellor, shall conceive to be most for the interest of the society to which the real estate so sold did belong...
Page 409 - Upon the dissolution of any corporation created, or to be created, and unless other persons shall be appointed by the Legislature, or by some court of competent authority, the directors or managers of the affairs of such corporation at the time of its dissolution, by whatever name they may be known in law, shall be the trustees of the creditors and stockholders of the corporation dissolved, and shall have full power to settle the affairs of the corporation...
Page 131 - ... to recover for money received or to recover property or damages for the conversion or misapplication of property where it is alleged in the complaint that the money was received or the property was embezzled or fraudulently misapplied by a public officer or by an attorney, solicitor or...
Page 85 - Field, now a member of this court, that "the interest mentioned in the statute which entitles a person to intervene in a suit between other parties must be in the matter in litigation, and of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment.