Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 57 |
From inside the book
Results 1-5 of 86
Page 3
... Code Civil Proced- ure , but , omitting the specific injunction against other directors than the one served , will take the question out of the case . The order is modified , as the opinion suggests , and , as modified , affirmed ...
... Code Civil Proced- ure , but , omitting the specific injunction against other directors than the one served , will take the question out of the case . The order is modified , as the opinion suggests , and , as modified , affirmed ...
Page 5
... Code of Civil Procedure , it must appear on the face of the Come- plaint that all the causes , so united , belong to one of the subdivisions of this section , that they are consistent with each other , and affect all the parties to the ...
... Code of Civil Procedure , it must appear on the face of the Come- plaint that all the causes , so united , belong to one of the subdivisions of this section , that they are consistent with each other , and affect all the parties to the ...
Page 6
... Code of Civil Procedure , after enumerating nine different classes of causes of action , prescribes the following conditions upon which they may be united in the same complaint : " But it must appear , upon the face of the complaint ...
... Code of Civil Procedure , after enumerating nine different classes of causes of action , prescribes the following conditions upon which they may be united in the same complaint : " But it must appear , upon the face of the complaint ...
Page 8
... Code is , that it shall appear upon the face of the complaint that the causes of action affect all the parties . The only escape from the conclusion that the demurrer must be sustained lies in the bold suggestion that Frances S. Shepard ...
... Code is , that it shall appear upon the face of the complaint that the causes of action affect all the parties . The only escape from the conclusion that the demurrer must be sustained lies in the bold suggestion that Frances S. Shepard ...
Page 10
... Code is that all parties in in- terest in an action must be joined . In the theory of the law the heirs and next of kin are the real parties in interest in an action brought by the administra- tors . The administrators merely sue ...
... Code is that all parties in in- terest in an action must be joined . In the theory of the law the heirs and next of kin are the real parties in interest in an action brought by the administra- tors . The administrators merely sue ...
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Common terms and phrases
adjudged affirmed with costs aforesaid alleged amount answer appellant Appellant's points argued assignment attorney authority Barb bond cause of action charge Civil Procedure claim Code Cohu complaint concurred contract conveyed corporation counsel court of equity COURT.-SEDGWICK creditors damages deed defendant defendant's demurrer Dutch easement electrical conductors elevated railway entitled equity evidence executed facts favor fee simple fendant foreclosure fraud FREEDMAN granted ground held INGRAHAM injunction insurable interest issue John judgment entered June 28 jurisdiction jury land lease matter Mayor ment mortgage motion negligence O'GORMAN Opinion owner paid parties payment plaint plaintiff pleadings possession premises proceedings proof question railroad railway Rapallo reason received recover referred refused relief request respondent Respondent's points Roach rule security for costs SEDGWICK special term Statement statute stockholders street Super sustained testimony tion trial judge TRUAX trust verdict witness York
Popular passages
Page 11 - 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 434 - ... an error, in the admission or exclusion of evidence, or in any other ruling or direction of the judge, upon the trial, may, in the discretion of the court which reviews it. be disregarded, if that court is of opinion, that substantial justice does not require that a new trial should be granted.
Page 52 - Bronx in said city, in the office of the register of the city and county of New York.
Page 6 - But it must appear, upon the face of the complaint, that all the causes of action, so united, belong to one of the foregoing subdivisions of this section...
Page 481 - ... it shall be the duty of the prothonotary of any court of record within this commonwealth, on the application of any person being the original holder [or assignee of such holder] of a note, bond, or other instrument of writing in which judgment is confessed, or containing a warrant for an attorney at law or other person to confess judgment, to enter judgment against the person or persons who executed the same for the amount which, from the face of the instrument, may appear to be due...
Page 515 - A person seized of an estate in remainder or reversion, may maintain an action founded upon an injury done to the inheritance, notwithstanding any intervening estate for life or for years.
Page 102 - Court, that taking a note, either of the debtor or of a third person, for a pre-existing debt, is no payment, unless it be expressly agreed to take the note as payment, and to run the risk of its being paid; or unless the creditor parts with the note, or is guilty of laches in not presenting it for payment in due time.
Page 523 - The mistake which will warrant a court of equity to reform a contract in writing must be one made by both parties to the agreement, so that the intentions of neither are expressed in it ; or it must be the mistake of one party, by which his intentions have failed of correct expression, and there must be fraud in the other party in taking advantage of that mistake and obtaining a contract with the knowledge that the one dealing with him is in error in regard to what are its terms.
Page 487 - The fact that the Court had jurisdiction of the subject matter, and of the person of the defendant, is sufficient to establish the validity of the judgment until reversed or set aside.
Page 57 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another ; therefore it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.