Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York, Volume 67William Gould & Son, 1884 |
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Page xvii
... Term R. , 284 .. 175 61 How . , 142 269 16 J. & Sp . , 274 . 384 2 Hun , 123 352 11 N. Y. , 308 . 127 Rex agt . Commissioners .. Rex agt . Cookson .... 2 Term R. , 381 . 498 16 East , 376 ... Rex agt . Commissioners of Liverpool , 2 M ...
... Term R. , 284 .. 175 61 How . , 142 269 16 J. & Sp . , 274 . 384 2 Hun , 123 352 11 N. Y. , 308 . 127 Rex agt . Commissioners .. Rex agt . Cookson .... 2 Term R. , 381 . 498 16 East , 376 ... Rex agt . Commissioners of Liverpool , 2 M ...
Page 3
... term of the second department distinctly held that where the referee had made his report within sixty days after the final submission , and had notified the parties of its terms . and that it could be obtained on application from him ...
... term of the second department distinctly held that where the referee had made his report within sixty days after the final submission , and had notified the parties of its terms . and that it could be obtained on application from him ...
Page 4
... term of the second department seems to be in accordance with the existing provisions of the Code . I regret , therefore , to be compelled to come to the conclusion that this motion , so far as it rests upon the first ground , should be ...
... term of the second department seems to be in accordance with the existing provisions of the Code . I regret , therefore , to be compelled to come to the conclusion that this motion , so far as it rests upon the first ground , should be ...
Page 13
... term , 1883 , on foregoing opinion ( See 30 Hun , 222 ) . Appeal to court of appeals discontinued March 18 , 1884 . N. Y. COMMON PLEAS . ROBERT E. MACNIFFE , respondent , agt . BENJAMIN L. LUD- DINGTON , appellant . Appeal from judgment ...
... term , 1883 , on foregoing opinion ( See 30 Hun , 222 ) . Appeal to court of appeals discontinued March 18 , 1884 . N. Y. COMMON PLEAS . ROBERT E. MACNIFFE , respondent , agt . BENJAMIN L. LUD- DINGTON , appellant . Appeal from judgment ...
Page 19
... term was not a judgment and was not effectual to reverse a judgment entered on the decision of the court at trial term ( Knapp agt . Roche , 82 N. Y. , 366 ) . The Code provides by implication that a judgment of reversal must first be ...
... term was not a judgment and was not effectual to reverse a judgment entered on the decision of the court at trial term ( Knapp agt . Roche , 82 N. Y. , 366 ) . The Code provides by implication that a judgment of reversal must first be ...
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act Laws affidavit alleged amended amount answer application appointed assessment assignment attachment attorney authority Bank agt Barb bonds cause of action certiorari chap charge Civil Procedure claim Code of Civil commissioners complaint contract conviction corporation costs counsel court of equity creditors debtor debts deceased decision defendant defendant's demurrer denied disbursements duty entitled evidence ex rel examination execution executors facts filed fraud fraudulent granted habeas corpus held husband issue judge judgment judgment debtor jurisdiction jury justice legislature liable lien LXVII Matter ment motion notice objection order of arrest owner party payment person plaintiff present proceedings question railroad reason receiver recover reference relator repealed Revised Statutes rule sheriff special term Spuyten Duyvil creek street SUPREME COURT surrogate taken testator testimony thereof tion Tonawanda railroad town of Rosendale trial trustees vacate verdict wife witnesses York
Popular passages
Page 231 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Page 294 - By marriage, the husband and wife are one person in law, that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband ; under whose wing, protection, and cover, she performs everything ; and is therefore called in our law French a.
Page 118 - ... if such a subscribing witness has forgotten the occurrence, or testifies against the execution of the will ; the will may nevertheless be established, upon proof of the handwriting of the testator, and of the subscribing witnesses, and also of such other circumstances as would be sufficient to prove the will upon the trial of an action.
Page 262 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense ; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
Page 205 - ... shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be thereafter contracted...
Page 266 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 28 - And if it be complained that by this inactivity of the Courts much injustice may be suffered, and much misery produced, the answer is, that Courts of Justice do not pretend to furnish cures for all the miseries of human life.
Page 140 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 140 - ... by the judgment, be made chargeable only upon the estate, fund, or party represented, unless the court shall direct the same to be paid by the plaintiff or defendant, personally, for mismanagement or bad faith in the action or defense.
Page 296 - A married woman may bargain, sell, assign and transfer her separate personal property, and carry on any trade or business, and perform any labor or services on her sole and separate account ; and the earnings of any married woman, from her trade, business, labor or services, shall be her sole and separate property, and may be used or invested by her in her own name...