Reports of Practice Cases, Determined in the Courts of the State of New York, Volume 2John Voorhies, 1856 - Civil procedure |
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Page xiv
... sufficient ..... " Property ; " - Meaning of the term . R. Re - sale ; -When and on what terms ordered ........ 227 .234 , 242 .294 , 296 476 92 Receiver ; -may be appointed in supplementary proceedings , notwithstanding that ...
... sufficient ..... " Property ; " - Meaning of the term . R. Re - sale ; -When and on what terms ordered ........ 227 .234 , 242 .294 , 296 476 92 Receiver ; -may be appointed in supplementary proceedings , notwithstanding that ...
Page 9
... sufficient ground to exempt the purchaser from performing his contract . Second . As the materials for making up a perfect judgment and judgment roll are admitted to exist , the power of the court to rectify errors or omissions , and to ...
... sufficient ground to exempt the purchaser from performing his contract . Second . As the materials for making up a perfect judgment and judgment roll are admitted to exist , the power of the court to rectify errors or omissions , and to ...
Page 44
... sufficient to remark that , in every act which has been passed on this sub- ject and , I think , in the first section of every act - is the distinct declaration that the original legislative power is con- firmed to be retained in the ...
... sufficient to remark that , in every act which has been passed on this sub- ject and , I think , in the first section of every act - is the distinct declaration that the original legislative power is con- firmed to be retained in the ...
Page 65
... sufficient that it was not embraced in the resolution referred to the committee . But this witness refused to answer any other question the commit- tee might ask him , a refusal entirely unwarrantable , and VOL . II . - 5 Briggs a ...
... sufficient that it was not embraced in the resolution referred to the committee . But this witness refused to answer any other question the commit- tee might ask him , a refusal entirely unwarrantable , and VOL . II . - 5 Briggs a ...
Page 84
... sufficient compliance with the provisions of 2 Rev. Stats . , 738 , §5 . Appeal from a decision upon habeas corpus ... sufficiently stated in the commitment ; * the only statement being that he was convicted of misdemeanor . 2. That ...
... sufficient compliance with the provisions of 2 Rev. Stats . , 738 , §5 . Appeal from a decision upon habeas corpus ... sufficiently stated in the commitment ; * the only statement being that he was convicted of misdemeanor . 2. That ...
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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.