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 20
... recover damages for breach of contract . III . This is an action to recover property ( or its proceeds ) , which has been obtained by defendant from plaintiff by falso pretences , without consideration , and by a promise which defendant ...
... recover damages for breach of contract . III . This is an action to recover property ( or its proceeds ) , which has been obtained by defendant from plaintiff by falso pretences , without consideration , and by a promise which defendant ...
Page 27
... recovered , deducting the interest , is more than the de- fendant admitted in his offer . with the question of costs ... recover the value of chattels of the plaintiff , con- verted by a defendant , it is not ground for discharging an ...
... recovered , deducting the interest , is more than the de- fendant admitted in his offer . with the question of costs ... recover the value of chattels of the plaintiff , con- verted by a defendant , it is not ground for discharging an ...
Page 28
... recover the value of property belonging to the plaintiff , and which property the defendant got into his possession from the persons in whose charge the plaintiff placed it , without her authority , and which on demand he refused to ...
... recover the value of property belonging to the plaintiff , and which property the defendant got into his possession from the persons in whose charge the plaintiff placed it , without her authority , and which on demand he refused to ...
Page 29
... recover the possession , his claims against the plaintiff or her husband for moneys due him would be no defence . If he wanted to hold the property to secure his debt he should have attached it . No creditor can , without his debtor's ...
... recover the possession , his claims against the plaintiff or her husband for moneys due him would be no defence . If he wanted to hold the property to secure his debt he should have attached it . No creditor can , without his debtor's ...
Page 42
... recover the costs prescribed in § 307. So far from this , such appeals are put on the same footing of appeals from orders in special proceedings , and it is quite certain that it was never the intention to give on such ap- peals the ...
... recover the costs prescribed in § 307. So far from this , such appeals are put on the same footing of appeals from orders in special proceedings , and it is quite certain that it was never the intention to give on such ap- peals the ...
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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...