Howard's Practice Reports: Containing Cases Under the Code of Civil Procedure and the General Practice of the State of New York, Selected from Decisions of All the Courts, with Notes, Volume 2W.C. Little & Company, 1886 |
From inside the book
Results 1-5 of 79
Page 10
... Complaint - Demurrer — Mortgage — Owner of a junior mortgage not per- mitted to single out one of several parcels covered by his and an older mortgage and redeem that one parcel― Parties . There is no general rules of law or equity ...
... Complaint - Demurrer — Mortgage — Owner of a junior mortgage not per- mitted to single out one of several parcels covered by his and an older mortgage and redeem that one parcel― Parties . There is no general rules of law or equity ...
Page 12
... is entitled to judgment on the demurrer with costs , on payment of which , in twenty days , the plaintiff may serve an amended complaint . Schroeder agt . Wanzor . SUPREME COURT . ERNESTINE SCHROEDER 12 HOWARD'S PRACTICE REPORTS .
... is entitled to judgment on the demurrer with costs , on payment of which , in twenty days , the plaintiff may serve an amended complaint . Schroeder agt . Wanzor . SUPREME COURT . ERNESTINE SCHROEDER 12 HOWARD'S PRACTICE REPORTS .
Page 13
... Complaint Answer — Form of denial in answer which does not put in issue material allegations in complaint . Where it appeared that a certain lot in Greenwood cemetery was purchased by the husband of the plaintiff as a burial lot for ...
... Complaint Answer — Form of denial in answer which does not put in issue material allegations in complaint . Where it appeared that a certain lot in Greenwood cemetery was purchased by the husband of the plaintiff as a burial lot for ...
Page 14
... complaint con- tained not herein before admitted or denied . " But this statement neither denied directly the other allegations contained in the complaint , nor did it contain the allegation that the defendant had not sufficient ...
... complaint con- tained not herein before admitted or denied . " But this statement neither denied directly the other allegations contained in the complaint , nor did it contain the allegation that the defendant had not sufficient ...
Page 20
... complaint demands judgment for a sum of money only , whatever may be the amount claimed . The amount claimed does not affect the juris- diction of this court . If jurisdiction vests at the commencement of the action , it cannot be ...
... complaint demands judgment for a sum of money only , whatever may be the amount claimed . The amount claimed does not affect the juris- diction of this court . If jurisdiction vests at the commencement of the action , it cannot be ...
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Common terms and phrases
affidavit alleged application appointed assignment attorney authority cause of action City of Hudson Civil Procedure claim Code of Civil commissioners common council complaint consent constitution construction contract corporation costs counsel counter-claim court of appeals creditors debtor deceased decision declared defendant demurrer disbursements discharge duty entitled equity evidence ex rel execution executors fact favor filed ground Hansee held Insurance intention interest issue judge judgment judgment debtor jurisdiction jury legatees legislature Lemuel W lien Matter ment mortgage motion objection offer of judgment opinion owners paid party payment person petitioner plaintiff possession present proceedings purpose question Railroad Company reason received recover reference replevin residuary estate Revised Statutes rule security for costs sheriff Special Term street SUPREME COURT surrogate surrogate's court testator testator's thereof tion Tompkins county trial trust verdict wife witness words York
Popular passages
Page 397 - ... 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 501 - No person shall hold the office of Judge or Justice of any court longer than until and including the last day of December next after he shall be seventy years of age.
Page 187 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 373 - ... the consent of the owners of one-half in value of the property bounded on, and the consent also...
Page 191 - An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment...
Page 372 - Granting to any corporation, association or individual the right to lay down railroad tracks...
Page 408 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense...
Page 406 - A testator is always presumed to use the words, in which he expresses himself, according to their strict and primary acceptation, unless from the context of the will it appears that he has used them in a different sense ; in which case the sense, in which he thus appears to have used them, will be the sense in which they are to be construed.
Page 397 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 503 - The existing County Courts are continued, and the judges thereof now in office shall hold their offices until the expiration of their respective terms.