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 |
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Results 1-5 of 58
Page 8
... hold that Bignall is not liable under sec- tion 321 would be to relieve him from liability , because of the stay which he procured and which it is now determined was without merit and improper . It is such a result that section 3352 was ...
... hold that Bignall is not liable under sec- tion 321 would be to relieve him from liability , because of the stay which he procured and which it is now determined was without merit and improper . It is such a result that section 3352 was ...
Page 11
... holds , therefore , the one piece of property sought to be redeemed with the same rights as against the younger mortgage which the owner of the older mortgages had . As the junior mort- gagee or his assignee could not redeem a single ...
... holds , therefore , the one piece of property sought to be redeemed with the same rights as against the younger mortgage which the owner of the older mortgages had . As the junior mort- gagee or his assignee could not redeem a single ...
Page 28
... hold that section 3271 of the Code of Civil Procedure applies to a person who prosecutes to recover penalties in the name of the overseers of the poor incurred by violation of the excise act . That section authorizes the court in its ...
... hold that section 3271 of the Code of Civil Procedure applies to a person who prosecutes to recover penalties in the name of the overseers of the poor incurred by violation of the excise act . That section authorizes the court in its ...
Page 35
... still more so in a case like the present , where the attorney claims to hold an assign- ment of the entire claim prior to the recovery . Upon the Turno agt . Parks et al . first question the HOWARD'S PRACTICE REPORTS . 35.
... still more so in a case like the present , where the attorney claims to hold an assign- ment of the entire claim prior to the recovery . Upon the Turno agt . Parks et al . first question the HOWARD'S PRACTICE REPORTS . 35.
Page 36
... holds that the lien of the attorney is subject to the equitable right of set - off between the parties . It has been ... hold a contrary doctrine in the case of Garner agt . Gladwin ( 12 Weekly Digest , 10 ) , where it was held that the ...
... holds that the lien of the attorney is subject to the equitable right of set - off between the parties . It has been ... hold a contrary doctrine in the case of Garner agt . Gladwin ( 12 Weekly Digest , 10 ) , where it was held that the ...
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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.