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 14
... proper and diligent effort has been made to serve the sum- mons upon the defendant , and that the place of his sojourn cannot be ascer- tained , or if he is within the State , that he avoids service , so that personal service cannot be ...
... proper and diligent effort has been made to serve the sum- mons upon the defendant , and that the place of his sojourn cannot be ascer- tained , or if he is within the State , that he avoids service , so that personal service cannot be ...
Page 16
... proper form . If the de- fendant's title was good , the plaintiff was ready and willing to pay the remainder of the purchase price , but he objected to the title upon the ground that it was unmarketable . It was derived through a sale ...
... proper form . If the de- fendant's title was good , the plaintiff was ready and willing to pay the remainder of the purchase price , but he objected to the title upon the ground that it was unmarketable . It was derived through a sale ...
Page 17
... proper parties ; ( 2 ) that the statute under which substituted service of the summons was made did not apply to infants ; ( 3 ) that the order directing such service did not provide that a copy should be served upon the parent ...
... proper parties ; ( 2 ) that the statute under which substituted service of the summons was made did not apply to infants ; ( 3 ) that the order directing such service did not provide that a copy should be served upon the parent ...
Page 18
... proper terms , and if the plaintiff neglects to take advantage of such permission , the misnomer will be available to the defendant by answer . Farrington v . Muchmore , 52 App . Div . 247 ; 99 St. Rep . 432 ; 65 Supp . 432 ; Rev'g 30 ...
... proper terms , and if the plaintiff neglects to take advantage of such permission , the misnomer will be available to the defendant by answer . Farrington v . Muchmore , 52 App . Div . 247 ; 99 St. Rep . 432 ; 65 Supp . 432 ; Rev'g 30 ...
Page 19
... proper and diligent means and efforts to serve the said papers , by continuously and repeatedly endeavoring to find said defendant and by visiting the various places which he was accustomed to frequent ; that on several occasions the ...
... proper and diligent means and efforts to serve the said papers , by continuously and repeatedly endeavoring to find said defendant and by visiting the various places which he was accustomed to frequent ; that on several occasions the ...
Other editions - View all
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.