Miscellaneous Reports. Cases Decided in the Courts of Record of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 17Lawyers Co-operative Publishing Company, 1896 "Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly) |
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Page 22
... Judgment was taken herein on April 14 , 1896 , for the sale of all of such property . After the appointment of the said receiver , and before the said judgment of foreclosure and sale , the petitioner obtained a judgment against the ...
... Judgment was taken herein on April 14 , 1896 , for the sale of all of such property . After the appointment of the said receiver , and before the said judgment of foreclosure and sale , the petitioner obtained a judgment against the ...
Page 32
... judgment could not be rendered upon the pleadings . MOTION for judgment for the plaintiff upon the pleadings . M. H. Kiley , for plaintiff . Henry Coman , for defendants . FORBES , J. This action is upon a promissory note . The com ...
... judgment could not be rendered upon the pleadings . MOTION for judgment for the plaintiff upon the pleadings . M. H. Kiley , for plaintiff . Henry Coman , for defendants . FORBES , J. This action is upon a promissory note . The com ...
Page 33
... Judgment is demanded for a dismissal of the complaint , with costs . This motion was made under section 522 of the Code of Civil Procedure for judgment , based upon the theory that the answer contains no denial of any material ...
... Judgment is demanded for a dismissal of the complaint , with costs . This motion was made under section 522 of the Code of Civil Procedure for judgment , based upon the theory that the answer contains no denial of any material ...
Page 64
... judgment . ― The recovery of judgment and issue of execution does not make the attachment operative as a lien upon property which was not the subject of attachment . APPEAL from order denying a motion to enjoin a sale on exe- cution ...
... judgment . ― The recovery of judgment and issue of execution does not make the attachment operative as a lien upon property which was not the subject of attachment . APPEAL from order denying a motion to enjoin a sale on exe- cution ...
Page 66
... judgment and execution , for in Bills v . National Park Bank , supra , it was distinctly held that the recovery of a judgment in the attachment suit does not make the attachment operative as a lien upon the property which was not , in ...
... judgment and execution , for in Bills v . National Park Bank , supra , it was distinctly held that the recovery of a judgment in the attachment suit does not make the attachment operative as a lien upon the property which was not , in ...
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Common terms and phrases
affidavit affirmed agreement alleged amount Appellate Term application assignment attorney authority bank beneficiary BISCHOFF Cattaraugus County cause of action charge City Court claim Code codicil complaint concur contract corporation costs counsel County creditors DALY debt deceased defendant defendant's demurrer denied discharge entitled evidence ex rel execution executors fact favor ground held indorsed intention interest issued Jacob Sharpe judgment July June jurisdiction jury justice Koster & Bial's lease letters testamentary liability lien liquors Matter MCADAM ment Misc mortgage motion N. Y. St N. Y. Supp negligence Negus Oneida County Onondaga County owner paid parties payment person plaintiff premises proceedings proof question real estate reason recover relator Repr respondent reversed Special Term statute street sufficient Supreme Court Surrogate's Court testator testified testimony thereof Thomas Cornell tion trustee Ulster County verdict witnesses York
Popular passages
Page 454 - ... together with the appurtenances and all the estate and rights of the party of the first part in and to said premises.
Page 594 - There must be reasonable evidence of negligence ; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 189 - The above instrument, consisting of two pages, was, at the date thereof, signed sealed published and declared, by the said Oliver Murray, as and for ^ his last will and testament, in presence of us, who, at his request and in his presence, and in the presence of each other have subscribed our names as witnesses thereto Henry V.
Page 324 - Every contract for the leasing for a longer period than one year, .or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.
Page 539 - By the law of the land, is most clearly intended, the general law; a law, which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Page 560 - ... if the party to be examined shall be a female she shall be entitled to have such examination before physicians or surgeons of her own sex.
Page 715 - A judgment that the defendant pay a fine, may also direct that he be imprisoned until the fine be satisfied, in the proportion of one day's imprisonment for every dollar of the fine.
Page 108 - Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made to each of the attesting witnesses.
Page 124 - In an action brought by or against a corporation, the complaint must aver that the plaintiff, or the defendant, as the case may be, is a corporation ; must state •whether it is a domestic corporation or a foreign corporation ; and, if the latter, the State, country, or government, by or under whose laws it was created.
Page 38 - A child, when adopted, may take the family name of the 'person adopting. After adoption the two shall sustain towards each other the legal relation of parent and child, and have all the rights and be subject to all the duties of that relation.