Reports of Practice Cases, Determined in the Courts of the State of New York, Volume 2John Voorhies, 1856 - Civil procedure |
From inside the book
Results 1-5 of 100
Page x
... ; -of assignment of chose in action .. Consolidation of Actions ; -On whose motion ordered ... 79 77 Constable's Bond ; -in City of New York - How should be drawn and sued .. 187 PAGE Costs ; -Bill of , must state items in X INDEX .
... ; -of assignment of chose in action .. Consolidation of Actions ; -On whose motion ordered ... 79 77 Constable's Bond ; -in City of New York - How should be drawn and sued .. 187 PAGE Costs ; -Bill of , must state items in X INDEX .
Page xi
PAGE Costs ; -Bill of , must state items in detail ...... - Defendant released from , on equitable grounds ............... . 377 364 in an action upon several distinct causes are to be awarded to the plaintiff on issues found for him ...
PAGE Costs ; -Bill of , must state items in detail ...... - Defendant released from , on equitable grounds ............... . 377 364 in an action upon several distinct causes are to be awarded to the plaintiff on issues found for him ...
Page xiii
... costs ... Lapse of Time ; -does not afford ground for presuming demand ... Legislative Power ; -of New York Common Council ...... M. Magistrate ; -liable for ministerial , not for judicial acts ... Malicious Prosecution ; -Conviction is ...
... costs ... Lapse of Time ; -does not afford ground for presuming demand ... Legislative Power ; -of New York Common Council ...... M. Magistrate ; -liable for ministerial , not for judicial acts ... Malicious Prosecution ; -Conviction is ...
Page 19
... rate , to compel a purchaser to take a title , with such a doubt upon it , would be contrary to the settled doctrine of a Court of Equity . Motion denied , without costs . Wells a . Jones . WELLS a . JONES . NEW - YORK . 19.
... rate , to compel a purchaser to take a title , with such a doubt upon it , would be contrary to the settled doctrine of a Court of Equity . Motion denied , without costs . Wells a . Jones . WELLS a . JONES . NEW - YORK . 19.
Page 24
... costs . CLERKE , J. - I am still inclined to the opinion , that this application is excluded from the operation of section 401 by the terms and spirit of section 471 , and that the particular pro- visions contained in sections 36 and 37 ...
... costs . CLERKE , J. - I am still inclined to the opinion , that this application is excluded from the operation of section 401 by the terms and spirit of section 471 , and that the particular pro- visions contained in sections 36 and 37 ...
Other editions - View all
Common terms and phrases
19 Barb affidavit alleged amended answer Ante appeal application appointed assignment assignor attachment attorney authority averred bill bill of lading bond Briggs Brown cause of action Charles Duffy claim clerk Code commenced committee Common Council complaint contract corporation costs Court of Chancery court of equity creditors damages debt debtor default defendant defendant's demurrer discharge Duer endorsement Englis entitled equity evidence examination execution facts filed Furniss granted ground habeas corpus held Hornellsville injunction inquiry issue judge judgment judgment debtor jurisdiction jury justice Kanouse legislative legislature liable lien Mackellar mandamus Marine Court matter ment motion notice objection officer owner party payment person plaintiff pleading possession proceedings promissory note proof provisions question recover referred refused Revised Statutes rule sheriff special term Stats sufficient suit summons Supreme Court Supreme Ct thereof tion trial Wend witness
Popular passages
Page 451 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Page 521 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 439 - ... that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least one hundred dollars.
Page 142 - State, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...
Page 84 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Page 541 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Page 464 - And when the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain, by amendment.
Page 368 - In a final order affecting a substantial right, made in a special proceeding, or upon a summary application in an action, after judgment.
Page 277 - That if a suit be commenced in any state court against an alien, or by a citizen of the State in which the suit is brought against a citizen of another State...
Page 114 - ... for the relief demanded in the complaint. If the taking of an account, or the proof of any fact, is necessary to enable the court to give judgment, or to carry the judgment into effect, the court may take the account or hear the proof, or may, in its discretion, order a reference for that purpose.