Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Volume 31S.S. Peloubet, 1901 |
From inside the book
Results 1-5 of 46
Page vii
... testimony in supplementary proceed- ings admissible as impeaching evidence . Holden v . Metropolitan Life Ins . Co ..... 175 933 Life Insurance ; waiver of provisions of code against testimony of attending physician . Davis v . Knights ...
... testimony in supplementary proceed- ings admissible as impeaching evidence . Holden v . Metropolitan Life Ins . Co ..... 175 933 Life Insurance ; waiver of provisions of code against testimony of attending physician . Davis v . Knights ...
Page xli
... testimony relates to a personal transaction with a decedent ... .51 App . Div . 170 BYERER v . SMITH . Evidence - The testimony of a plaintiff as to a conversation with a third per- since deceased , from whom defendant obtained chattels ...
... testimony relates to a personal transaction with a decedent ... .51 App . Div . 170 BYERER v . SMITH . Evidence - The testimony of a plaintiff as to a conversation with a third per- since deceased , from whom defendant obtained chattels ...
Page 4
... testimony of the subscribing witnesses , substantially as required by Sections 2695 , 2698 , 2704. From this transcript it dis- tinctly appeared that the will of Mrs. Kenner was ex- ecuted in the State of Alabama , and that she resided ...
... testimony of the subscribing witnesses , substantially as required by Sections 2695 , 2698 , 2704. From this transcript it dis- tinctly appeared that the will of Mrs. Kenner was ex- ecuted in the State of Alabama , and that she resided ...
Page 25
... testimony would thus be saved , and the referee , after the examination of the twenty - two cases , would be the better qualified to make the proper disposition of each one . The respondents ' brief informs us that over a half a million ...
... testimony would thus be saved , and the referee , after the examination of the twenty - two cases , would be the better qualified to make the proper disposition of each one . The respondents ' brief informs us that over a half a million ...
Page 52
... testimony in the case , the Court made findings of fact and law , and awarded the judgment already described . It is , I think , quite plain that this action of the learned trial judge does not present a question of law which this court ...
... testimony in the case , the Court made findings of fact and law , and awarded the judgment already described . It is , I think , quite plain that this action of the learned trial judge does not present a question of law which this court ...
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Common terms and phrases
33 Misc affidavit affirmed alleged amendment amount Appellate Division application assessment assignment attachment attorney authority bonds Boyd Catholic Benevolent Legion cause of action certificates City Civil Procedure claim Code of Civil Coles & Company complaint contract corporation costs counsel County creditors Cummings damages death debt deceased decedent defendant discharge docketed Eleventh Ward Bank enforce entitled evidence ex rel execution executor facts habeas corpus heirs held interest issued John Lavery judg judgment debtor jurisdiction justice King Knights of Honor lease letters testamentary lien Martha King Matter ment Municipal Court non-resident O'Brien offer of judgment owner parties payment person petition petitioner plaintiff premises question real property receiver receiver's note recover rent respondent reversed Sardy sheriff Siedler Special Term statute surrogate Surrogate's Court tenant testator testimony thereof Tilyou tion transaction trial trust writ York
Popular passages
Page 135 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 90 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order in his client's favor, and the proceeds thereof in whosesoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after judgment or final order.
Page 189 - And it is agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for the said party of the first part to re-enter the said premises, and to remove all persons therefrom.
Page 53 - In case of any transfer of Interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the Interest is transferred to be substituted In the action or joined with the original party.
Page 54 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 373 - I. c. 11.) the presumption of the duration of life, with respect to persons of whom no account can be given, ends at the expiration of seven years from the time when they were last known to be living.
Page 16 - ... and shall be a lien on the real property in the county where the same is docketed, of every person against whom any such judgment shall be rendered, and which he may have at the time of the docketing thereof in the county in which such real property is situated, or which he shall acquire at any time thereafter, for ten years from the time of docketing the same in the county where the judgment-roll was filed.
Page 65 - But real property purchased with the proceeds of a pension granted by the United States for military or naval services, and owned by the pensioner, or by his wife or widow, is subject to taxation as herein provided.
Page 270 - ... shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares...
Page 283 - The Legislature may hereafter enlarge or restrict the jurisdiction of the County Courts, provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant.