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 5
... proved . The Court then ordered that the complaint be dismissed , to which the plaintiff excepted , and appealed from the decision to the General Term ; the decision of that Court is reported in 10 Abbotts ' Practice Reports , 454. The ...
... proved . The Court then ordered that the complaint be dismissed , to which the plaintiff excepted , and appealed from the decision to the General Term ; the decision of that Court is reported in 10 Abbotts ' Practice Reports , 454. The ...
Page 8
... proved affirmatively that it was filed , at least some time , before the appeal was terminated . III . The statutes providing for stays of proceedings , by un- dertaking , do not relate to appeals of the General Term of the Marine Court ...
... proved affirmatively that it was filed , at least some time , before the appeal was terminated . III . The statutes providing for stays of proceedings , by un- dertaking , do not relate to appeals of the General Term of the Marine Court ...
Page 10
... proved to the satisfaction of one of the Justices of this Court ; and in default of the giving of such security , the stay of proceedings in this action , made in order of December 24 , 1855 , is from the time above stated vacated ...
... proved to the satisfaction of one of the Justices of this Court ; and in default of the giving of such security , the stay of proceedings in this action , made in order of December 24 , 1855 , is from the time above stated vacated ...
Page 13
... proved . The Court granted the motion , and dismissed the complaint , and plaintiff's counsel duly excepted . Several technical ques- tions were raised by the respondents ' points , not suggested at . the trial , and they are not to be ...
... proved . The Court granted the motion , and dismissed the complaint , and plaintiff's counsel duly excepted . Several technical ques- tions were raised by the respondents ' points , not suggested at . the trial , and they are not to be ...
Page 19
... prove to be a very different one . But as it stands upon the demurrer , I must order judgment for the plaintiff , with costs ; but with liberty to the defendant to answer in ten days after notice of the order to be entered upon this ...
... prove to be a very different one . But as it stands upon the demurrer , I must order judgment for the plaintiff , with costs ; but with liberty to the defendant to answer in ten days after notice of the order to be entered upon this ...
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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...