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 64
Page 39
... its chief beneficiaries . The widow and her co - executor protest that no decree should be entered , and that , because of the failure to In the Estate of Tunis Cooper , deceased . appoint HOWARD'S PRACTICE REPORTS . 39.
... its chief beneficiaries . The widow and her co - executor protest that no decree should be entered , and that , because of the failure to In the Estate of Tunis Cooper , deceased . appoint HOWARD'S PRACTICE REPORTS . 39.
Page 40
... executors in the disputed paper , and having duly qualified as such , are justified in insisting upon such a disposition of this controversy as shall be conclusive upon all persons interested therein . Now , I do not think that , to ...
... executors in the disputed paper , and having duly qualified as such , are justified in insisting upon such a disposition of this controversy as shall be conclusive upon all persons interested therein . Now , I do not think that , to ...
Page 56
... executors and administrators — when prevailing party entitled to costs and disbursements - Code of Procedure , section 317 - Code of Civil Pro- cedure , sections 1835 , 1836 , 3246 . ― The repealing act of 1877 leaves section 317 of the ...
... executors and administrators — when prevailing party entitled to costs and disbursements - Code of Procedure , section 317 - Code of Civil Pro- cedure , sections 1835 , 1836 , 3246 . ― The repealing act of 1877 leaves section 317 of the ...
Page 57
... executor or administrator , in his representative capacity ; " but does not affect the allowance of costs and disbursements in a reference under the Revised Statutes . The contrary of this was affirmed in Miller agt . Miller ( 32 Hun ...
... executor or administrator , in his representative capacity ; " but does not affect the allowance of costs and disbursements in a reference under the Revised Statutes . The contrary of this was affirmed in Miller agt . Miller ( 32 Hun ...
Page 59
... executor or admin- istrator to charge the estate he represents , prevent the recovery of costs " ( See many cases cited ... executors . " The fact that the defendant did not , upon the presentation of the claim , offer to pay anything ...
... executor or admin- istrator to charge the estate he represents , prevent the recovery of costs " ( See many cases cited ... executors . " The fact that the defendant did not , upon the presentation of the claim , offer to pay anything ...
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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.