Reports of Cases Heard and Determined in the Supreme Court of the State of New York, Volume 53Banks & Bros., 1888 |
From inside the book
Results 1-5 of 89
Page vi
... Proceedings affirmed with leave to apply to the Supreme Court for the trial of issues forthwith before one of the justices thereof , or in such other way as the parties may agree upon and the court shall approve : See 107 N. Y. 235 ...
... Proceedings affirmed with leave to apply to the Supreme Court for the trial of issues forthwith before one of the justices thereof , or in such other way as the parties may agree upon and the court shall approve : See 107 N. Y. 235 ...
Page 52
... proceedings founded upon an execution , which is issued upon a judgment docketed upon the filing of a tran- script ... proceeding to determine a claim made against the estate of the testator , and rejected by her . The claim is founded ...
... proceedings founded upon an execution , which is issued upon a judgment docketed upon the filing of a tran- script ... proceeding to determine a claim made against the estate of the testator , and rejected by her . The claim is founded ...
Page 64
... proceeding . The answer of the administrator denies that the petitiouer has the relation of creditor . In a proceeding which has for its purpose the direction for payment , by an executor or administrator , of a claim alleged to be due ...
... proceeding . The answer of the administrator denies that the petitiouer has the relation of creditor . In a proceeding which has for its purpose the direction for payment , by an executor or administrator , of a claim alleged to be due ...
Page 65
... proceeding having within its purpose the determination of a disputed claim as between the creditor and the representative , and is not extended to other proceedings in Surrogate's Court provided for by the statute . ( Matter , etc. , of ...
... proceeding having within its purpose the determination of a disputed claim as between the creditor and the representative , and is not extended to other proceedings in Surrogate's Court provided for by the statute . ( Matter , etc. , of ...
Page 72
... proceeding , affirmative relief against the claimant further than is requisite to defeat his recovery . ( Mowry v . Peet , 88 N. Y. , 453. ) Upon the hearing , and during its progress before the referee , an oral agreement was made ...
... proceeding , affirmative relief against the claimant further than is requisite to defeat his recovery . ( Mowry v . Peet , 88 N. Y. , 453. ) Upon the hearing , and during its progress before the referee , an oral agreement was made ...
Contents
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Common terms and phrases
abide event action was brought agreement alleged amount appeal appellant application assessment assignment authority Barb cause of action charge Civil Procedure claim Code of Civil commissioners complaint concurred contract costs and disbursements costs to abide County Court creditors damages debtor debts deceased DECEMBER TERM deed defendant defendant's demurrer directed dollars costs entered entitled evidence ex rel execution executors fact favor FIFTH DEPARTMENT foreclosure Gideon Lee given held highway HUN-VOL intestate issued judgment debtor jurisdiction jury justice land liable ment mortgage motion negligence nonsuit NOVEMBER TERM OCTOBER TERM opinion owner paid parties payment person plaintiff possession premises proceedings proof purchaser purpose question railroad reason recover referee respondent reversed rule sheriff Smith Special Term statute Surrogate's Court testator thereof THIRD DEPARTMENT tion town town of Franklinville trial verdict Wend William James Stewart witness XLVI
Popular passages
Page 86 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 471 - The records and judicial proceedings of the. courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk and the seal of the court annexed, if there be a seal, together with the certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 398 - That he is the plaintiff in the within action) that he has read the foregoing complaint and knows the contents thereof) that the same is true to his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Page 91 - Where a party pays an illegal demand with a full knowledge of all the facts which render such demand illegal, without an immediate and urgent necessity therefor, or unless to release his person or property from detention, or to prevent an immediate seizure of his person or property, such payment must be deemed to be voluntary and cannot be recovered back.
Page 250 - All the stockholders of every company incorporated under this act shall be severally individually liable to the creditors of the company in which they are stockholders, to an amount equal to the amount of stock held by them respectively...
Page 595 - ... half-yearly payments- on the first day of July and the first day of January in every year...
Page 461 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 471 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 467 - If it appears to the surrogate that the will was duly executed; and that the testator, at the time of executing it, was in all respects competent to make a will and not under restraint...
Page 155 - An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment...