Reports of Practice Cases, Determined in the Courts of the State of New York: With a Digest of All Points of Practice Embraced in the Standard New York Reports ..., Volume 1J.S. Voorhies, 1866 |
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Page 22
... premises , and has demanded of him the plates , and the sheets , and books manufactured therefrom , which the defendant refuses to surrender ; that said works are valuable and salable ; that defendant is a man of little or no property ...
... premises , and has demanded of him the plates , and the sheets , and books manufactured therefrom , which the defendant refuses to surrender ; that said works are valuable and salable ; that defendant is a man of little or no property ...
Page 66
... premises , and assigned the younger to King , under such statements as would estop him from setting up the prior mortgage against King . Pettit after- wards assigned the oldest mortgage to Burr . The Court of Appeals held that the ...
... premises , and assigned the younger to King , under such statements as would estop him from setting up the prior mortgage against King . Pettit after- wards assigned the oldest mortgage to Burr . The Court of Appeals held that the ...
Page 77
... premises in good order , is an action upon the covenant and not an action in tort . Where such an action involves the examination of a long account it referred . may be An order directing a reference in such a case is not appealable ...
... premises in good order , is an action upon the covenant and not an action in tort . Where such an action involves the examination of a long account it referred . may be An order directing a reference in such a case is not appealable ...
Page 78
... premises in good order at the end of the term , ordinary wear and tear excepted . He left it in bad order ; the plaintiff , Roswell D. Hatch ,. Recr . , & c . , had it put in a tenantable condition , and brought suit to recover the ...
... premises in good order at the end of the term , ordinary wear and tear excepted . He left it in bad order ; the plaintiff , Roswell D. Hatch ,. Recr . , & c . , had it put in a tenantable condition , and brought suit to recover the ...
Page 80
... premises in order . It would be impossible for a jury to recollect them , unless by ta- king notes of reference . BY THE COURT . - DALY , F. J. - This is not an action for a tort , but for the breach of a covenant to keep the premises ...
... premises in order . It would be impossible for a jury to recollect them , unless by ta- king notes of reference . BY THE COURT . - DALY , F. J. - This is not an action for a tort , but for the breach of a covenant to keep the premises ...
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Common terms and phrases
43 Barb adverse possession affidavit affirmed alleged allowed amount answer appeal application assignment authority Baptist Church cause of action certiorari charge claim Code of Procedure commissioner Common Council complaint contract corporation costs counsel court of equity creditors Daly damages debt debtor deed defendant defendant's discharge entitled evidence execution executors facts fendant firm grant ground habeas corpus injunction insured interest issue judge judgment judgment debtor jurisdiction jurors jury justice liability lien Madison Avenue mandamus Marine Court matter ment mortgage motion N. Y. Superior Ct notice officer owner party payment person plaintiff pleading possession pre-emptive right premises proceedings promissory note proof provisions question recover reference rendered sheriff Smith special term specific statute statute of limitations sufficient suit Supreme Court Supreme Ct thereof thousand dollars tion trial verdict void Wend writ York
Popular passages
Page 348 - Territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear.
Page 166 - America, to -which payment well and truly to be made we bind ourselves, our heirs, executors, and administrators, jointly, and severally, by these presents. Sealed with our seals and dated this day of...
Page 2 - Where an answer contains new matter, constituting a defence by way of avoidance, the court may, in its discretion, on the defendant's application, direct the plaintiff to reply to the new matter.
Page 114 - ... were present at the making thereof, nor unless it be proved that the testator at the time of pronouncing the same, did bid the persons present, or some of them, bear witness that such was his will, or to that effect...
Page 11 - ... two or more sureties, to the effect that during the possession of such property by the appellant, he will not commit, or...
Page 136 - ... it upon the other, or to do any other act, necessary to perfect the appeal, or to stay the execution of the judgment or order appealed from...
Page 480 - A cause of action arising out of the transaction set forth in the complaint or answer, as the foundation of the plaintiff's claim, or defendant's defense, or connected with the subject of the action.
Page 348 - ... copy of an indictment found, or an affidavit made before a magistrate of any state or territory as aforesaid, charging the person so demanded, with having committed treason, felony or other crime...
Page 104 - The claim of a preemption is not that shadowy right which by some it is considered to be. Until sanctioned by law, it has no existence as a substantive right. But when covered by the law, it becomes a legal right, subject to be defeated only by a failure to perform the conditions annexed to it.
Page 45 - ... judgment. If such offer be not made, and the judgment in the appellate court be more favorable to the appellant than the judgment in the court below, or if such offer be made and not accepted, and the judgment in the appellate court be more favorable to the appellant than the offer of the respondent, the appellant shall recover costs ; provided, however, that the appellant shall not recover costs unless the judgment appealed from shall be reversed on such appeal, or be made more favorable to...