Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 29 |
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Results 1-5 of 75
Page 1
... cause of action for an injunction , the demand for damages being merely incidental to the main relief . In such an action all the owners of undivided interests in the abutting property should be made parties , either as plaintiff or ...
... cause of action for an injunction , the demand for damages being merely incidental to the main relief . In such an action all the owners of undivided interests in the abutting property should be made parties , either as plaintiff or ...
Page 3
... cause of action , in which all of the plaintiffs shall be joined . We come , then , to the consideration of the second point raised by the joint demurrer : " That causes of action have been improperly SECOND DEPARTMENT , APRIL TERM ...
... cause of action , in which all of the plaintiffs shall be joined . We come , then , to the consideration of the second point raised by the joint demurrer : " That causes of action have been improperly SECOND DEPARTMENT , APRIL TERM ...
Page 4
... cause of action to recover damages for alleged trespass , which can exist only against the defendant , the Brooklyn Elevated Railroad Company , as sole defendant , has been improperly united with a separate alleged cause of action for ...
... cause of action to recover damages for alleged trespass , which can exist only against the defendant , the Brooklyn Elevated Railroad Company , as sole defendant , has been improperly united with a separate alleged cause of action for ...
Page 7
... cause of action stated in this complaint , and that was the claim for relief against the con- tinued trespass upon the complainant's properties . The demand for past damages , included in the prayer for judgment , does not have the ...
... cause of action stated in this complaint , and that was the claim for relief against the con- tinued trespass upon the complainant's properties . The demand for past damages , included in the prayer for judgment , does not have the ...
Page 17
... caused , it is alleged , by an obstruction consisting of a pile of mortar which had been in the street for some weeks . The trial court finds all of the facts necessary to constitute a cause of action , except that it holds that " there ...
... caused , it is alleged , by an obstruction consisting of a pile of mortar which had been in the street for some weeks . The trial court finds all of the facts necessary to constitute a cause of action , except that it holds that " there ...
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Common terms and phrases
accident affidavit affirmed agreement alleged amount appellant to abide application assessment assignment bank bond and mortgage Buffalo cause of action charge chose in action Civil Procedure claim clause clerk Coal Oil complaint concurred contract corporation costs and disbursements counsel Court in favor court of equity damages death deceased defendant defendant's demurrer denied devise DIV.-VOL dollars costs entered entitled evidence ex rel executed executors fact foreclosure FOURTH DEPARTMENT granted Impleaded indorsement INGRAHAM injury intention interest intestate issue judgment jury Karstens liable lien ment motion negligence notice owner paid parties payment person plaintiff premises question real estate reason received recover rendered Respondent reversed rule RUMSEY sidewalk snow soap Special Term statute street Supreme Court sustained testator testified testimony thereof Third Avenue Railroad tiff tion Trial Term trust usury verdict wife witness XXIX York
Popular passages
Page 355 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 141 - No association shall make any loan or discount on the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith...
Page 519 - ... in trust or otherwise, more than one-half part of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid to the extent of one-half, and no more.
Page 400 - If, after the expiration of one year from the granting of letters testamentary or letters of administration, an executor or administrator refuses, upon demand, to pay a legacy, or distributive share, the person entitled thereto may maintain such an action against him, as the case requires.
Page 1 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Page 3 - It is the constant aim of a court of equity to do complete justice by deciding upon and settling the rights of all persons interested...
Page 517 - ... interested therein; and for a sale thereof, if it appears that a partition thereof cannot be made, without great prejudice to the owners.
Page 136 - No transfer of the stock of this association shall be made without the consent of the board of directors, by any stockholder, who shall be liable to the association either as principal debtor or otherwise, which liability shall be a lien upon the said stock and all profits thereof and dividends.
Page 113 - It is a general and well settled principle that the assignee of a chose in action takes it subject to...
Page 258 - ... by the seller of property or business not to compete with the buyer in such a way as to derogate from the value of the property or business sold; (2) by a retiring partner not to compete with the firm; (3) by a partner pending the partnership not to do anything to interfere, by competition or otherwise, with the business of the firm...