New York Annotated Cases: Selected from the Current Decisions of the New York Courts, Volume 8Diossy Law Book Company, 1901 |
From inside the book
Results 1-5 of 100
Page xcvii
... brought this action . The point of the controversy consists in the fact that the south- erly wall of the building , the subject of the contract , for its en- tire length does not stand upon the premises to be conveyed ; for 27 feet and ...
... brought this action . The point of the controversy consists in the fact that the south- erly wall of the building , the subject of the contract , for its en- tire length does not stand upon the premises to be conveyed ; for 27 feet and ...
Page 18
... brought into the action by an amendment of the summons , complaint , and notice of the object of the action . The serv- ice upon them was the substituted one provided by chap- ter 511 of the Laws of 1853. That statute provided for sub ...
... brought into the action by an amendment of the summons , complaint , and notice of the object of the action . The serv- ice upon them was the substituted one provided by chap- ter 511 of the Laws of 1853. That statute provided for sub ...
Page 22
... brought against two joint debtors , upon one of whom the summons is served personally and by substituted service on the other , judg ment cannot be entered against either until the time to answer of the one upon whom substituted service ...
... brought against two joint debtors , upon one of whom the summons is served personally and by substituted service on the other , judg ment cannot be entered against either until the time to answer of the one upon whom substituted service ...
Page 24
... brought for the killing of any dog , it shall be incumbent on the plaintiff in such action to prove that the tax imposed upon such dog , if any , by the provisions of this article , has been paid . Chapter 448 of the Laws of 1896 ...
... brought for the killing of any dog , it shall be incumbent on the plaintiff in such action to prove that the tax imposed upon such dog , if any , by the provisions of this article , has been paid . Chapter 448 of the Laws of 1896 ...
Page 25
... brought by the supervisor and intimated that it might also have been brought in the name of the town . TAX ON DOGS , -continued . On appeal in the two cases last cited the appellate division reversed the determination made as above by ...
... brought by the supervisor and intimated that it might also have been brought in the name of the town . TAX ON DOGS , -continued . On appeal in the two cases last cited the appellate division reversed the determination made as above by ...
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Common terms and phrases
23 Misc 32 Misc 32 Supp 43 Supp 66 Supp Aff'd affirmed alimony alleged amended answer Appellate Division application attorney attorney's Bank bankruptcy Barb cause of action Civil Procedure claim Code of Civil constructive eviction contract corporation costs counsel fees county court court of appeals court of equity debt defendant defendant's denial dower entitled executor fact favor fendant foreclosure granted ground indictment injunction issue judgment jurisdiction jury land under water last cited lien Matter ment mortgage motion nominal damages notice of trial owner party payment person place of trial plaintiff pleading premises proceedings purchase question railroad real estate reason recover referee rendered residence reversed rule served SERVICE OF PROCESS Smith special term statute supplemental complaint Supreme Court tenant thereof ticket tion trustee verdict Wend Yates county York
Popular passages
Page 217 - A holder in due course is a holder who has taken the instrument under the following conditions: — 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3.
Page 455 - 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. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Page 35 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Page 78 - 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 whosoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after Judgment or final order.
Page 418 - The last three sections apply to any examination of a person as a witness unless the provisions thereof are expressly waived upon the trial or examination by the person confessing, the patient or the client.
Page 72 - Courts. — a The United States circuit courts shall have jurisdiction of all controversies at law and in equity, as distinguished from proceedings in bankruptcy, between trustees as such and adverse claimants concerning the property acquired or claimed by the trustees, in the same manner and to the same extent only as though bankruptcy proceedings had not been instituted and such controversies had been between the bankrupts and such adverse claimants.
Page 71 - ... with such jurisdiction at law and in equity as will enable them to exercise original jurisdiction in bankruptcy proceedings, in vacation in chambers and during their respective terms, as they are now or may be hereafter held, to...
Page 286 - Whenever a creditor, whose claim against a bankrupt estate is secured by the individual undertaking of any person, fails to prove such claim, such person may do so in the creditor's name, and if he discharge such undertaking in whole or in part he shall be subrogated to that extent to the rights of the creditor.
Page 50 - The court may, either of its own motion or upon the application of the district attorney, and in furtherance of justice, order an action or indictment to be dismissed.
Page 218 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to, whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.