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 3W.C. Little & Company, 1886 |
From inside the book
Results 1-5 of 13
Page v
... Ulster County agt . Common Council of the City of Kings- ton ..... People ex rel . Van Heck agt . New York Catholic ... Co Throop Grain Cleaner Company agt . Smith 1 8 40 400 137 59 Post et al . agt . Phelan et al ..... 133 Purdy et al ...
... Ulster County agt . Common Council of the City of Kings- ton ..... People ex rel . Van Heck agt . New York Catholic ... Co Throop Grain Cleaner Company agt . Smith 1 8 40 400 137 59 Post et al . agt . Phelan et al ..... 133 Purdy et al ...
Page 211
... Ulster county , procured a writ of certiorari to review the assessment under the act , chapter 269 , of the Laws of 1880 . Upon the return of the writ , a hearing was had at the special term , where the assessment was reduced . The ...
... Ulster county , procured a writ of certiorari to review the assessment under the act , chapter 269 , of the Laws of 1880 . Upon the return of the writ , a hearing was had at the special term , where the assessment was reduced . The ...
Page 214
... Ulster Co. , N. Y .; " and below that , signed by the same attorney ... county . The judgment referred to in that notice was the judgment appealed ... County , Special Term , March , 1886 . Mr. Johnson for plaintiff . Henry H. Rice , for ...
... Ulster Co. , N. Y .; " and below that , signed by the same attorney ... county . The judgment referred to in that notice was the judgment appealed ... County , Special Term , March , 1886 . Mr. Johnson for plaintiff . Henry H. Rice , for ...
Page 451
... the defend- ant . The granting of an order in such a case as this , before suit brought , upon the application of the proposed plaintiff , is People ex rel . Supervisors of Ulster County agt . HOWARD'S PRACTICE REPORTS . 451.
... the defend- ant . The granting of an order in such a case as this , before suit brought , upon the application of the proposed plaintiff , is People ex rel . Supervisors of Ulster County agt . HOWARD'S PRACTICE REPORTS . 451.
Page 452
... Ulster County agt . City of Kingston . within the discretion of the court , but it can rarely happen that justice will be promoted by granting an order on the applica tion of a proposed plaintiff , before the commencement of an action ...
... Ulster County agt . City of Kingston . within the discretion of the court , but it can rarely happen that justice will be promoted by granting an order on the applica tion of a proposed plaintiff , before the commencement of an action ...
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Common terms and phrases
affidavit alleged Allis allowed amount answer appeal application appointed Aronson assignment attachment attorney authority Bank agt board of supervisors bond brought cause of action choses in action Civil Procedure claim Code of Civil commissioners Company agt complaint contract corporation costs counsel creditors damages debt debtor deceased defendant defendant's denied drafts entitled evidence ex rel execution executor fact Farrell Company filed fraud fund granted ground guardian guardian ad litem held Herkimer County husband interpleader issued Josephine Wilson judge judgment jurisdiction jurors jury lease liable lien marriage ment mortgage motion notice O'Dea Oneida county order of arrest paid party payment person Peyster plaintiff police proceedings question recover reference refused replevin rule sheriff Smith special term statute summons SUPREME COURT testator thereof tion trial trustees Ulster County vacate verdict Walkill Valley Railroad wife York
Popular passages
Page 352 - The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever. But a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law.
Page 63 - Where, in a matter of account, the sum total of the accounts of both parties, proved to the satisfaction of the justice, exceeds four hundred dollars.
Page 387 - No such partnership shall be deemed to have been formed, until a certificate shall have been made, acknowledged, filed and recorded, nor until an affidavit shall have been filed as above directed. And if any false statement be made in such certificate, or affidavit, all the persons interested in such partnership shall be liable for all the engagements thereof, as general partners.
Page 178 - In an action upon contract, express or implied, other than a promise to marry, where it is alleged in the complaint that the defendant was guilty of a fraud in contracting or incurring the liability...
Page 55 - ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.
Page 115 - A competent witness shall not be excused from answering a relevant question, on the ground only that the answer may tend to establish the fact that he owes a debt, or is otherwise subject to a civil suit.
Page 55 - ... continuing existence as the foundation of what was to be done ; there, in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance...
Page 546 - ... in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Page 62 - The damages, sustained by reason of an injunction, may be ascertained and determined by the court, or by a referee, appointed by the court, or by a writ of inquiry or otherwise as the court shall direct ; and the decision of the court thereupon, or an order confirming the report of the referee, is conclusive, as to the amount of those damages, upon all the persons who have executed the undertaking, unless it is reversed upon appeal. The court...
Page 332 - ... shall be taken and deemed to be transferred to and vested in such new corporation, without further act or deed...