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 |
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Page 9
... reason that any further claim is merely incidental . Moore v . Appleby , 108 N. Y. 237 . But it is further contended that there was a value to the trade - mark , and that , therefore , something existed and was in controversy coming ...
... reason that any further claim is merely incidental . Moore v . Appleby , 108 N. Y. 237 . But it is further contended that there was a value to the trade - mark , and that , therefore , something existed and was in controversy coming ...
Page 13
... reason of such improvement , and the amount to be allowed to each person , respectively , and also to ascertain and determine what real estate will be benefited by such improvement , and to apportion and assess the entire cost of the im ...
... reason of such improvement , and the amount to be allowed to each person , respectively , and also to ascertain and determine what real estate will be benefited by such improvement , and to apportion and assess the entire cost of the im ...
Page 14
... reason that Wiggins was a brother - in - law of one A. V. Boak , who was a silent partner with the firm of Bull & Youngblood in the ownership of certain lands affected , or likely to be affected , by the said condemna- tion proceedings ...
... reason that Wiggins was a brother - in - law of one A. V. Boak , who was a silent partner with the firm of Bull & Youngblood in the ownership of certain lands affected , or likely to be affected , by the said condemna- tion proceedings ...
Page 15
... reason of kinship , such kinship must exist between him and some person who is actually a party to the cause . It is not enough that he is related to some person not a party who is or may be interested in it or affected by his order ...
... reason of kinship , such kinship must exist between him and some person who is actually a party to the cause . It is not enough that he is related to some person not a party who is or may be interested in it or affected by his order ...
Page 20
... reason of the continued unlawful use of the highways , and the other a cause of action which rests upon allegations only of negligence in the operation of a particular train at a given time , to the damage of the plaintiff , when he was ...
... reason of the continued unlawful use of the highways , and the other a cause of action which rests upon allegations only of negligence in the operation of a particular train at a given time , to the damage of the plaintiff , when he was ...
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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.