Practice Reports in the Supreme Court and Court of Appeals, Volume 39Joel Munsell, 1870 |
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55 Barb affidavit affirmed agent agreement alleged amount appeal applied appointed arrest assignment attachment attorney authority bill of sale bond Brand agt cause of action chose in action claim Code complaint consent contract conveyance conveyed counsel county court court of equity creditor damages debt debtor deceased deed defendant defendant's Digest enlistment entitled equity evidence execution executors fact farm father fraud fraudulent George granted ground guardian Held indorsed intent interest issue judge judgment judgment debtor jurisdiction jury justice Keyes land lease liable lien ment mortgage motion objection owner paid partner party payment personal property Perzel plaintiff possession premises proceedings proof provisions purchaser question Raynor real property received recover referee refused sheriff special term statute statute of frauds sufficient suit supreme court testator testimony thereof tion told town of Geddes trial trust valid verdict wife William William G witness York
Popular passages
Page 395 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 12 - 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 28 - ... affect the act to abolish imprisonment for debt, and to punish fraudulent debtors, passed April 26, 1831, or any act amending the same, nor shall it apply to proceedings for contempts.
Page 475 - The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever. But a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law.
Page 152 - ... notice to such person and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount claimed on the contract, or delivering the property or its value to such person as the court may direct; and the court may, in its discretion, make the order.
Page 63 - Compelling the defendants to account for their official conduct, in the management and disposition of the funds and property, committed to their charge.
Page 398 - State, and that fact appears by affidavit to the satisfaction of the court or a judge thereof, or of the county judge of the county where the trial is to be had, and it in like manner appears that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a proper party to an action relating to real property in this State, such court or judge may grant an order that the service be made by the publication of a summons in either of the following cases:...
Page 170 - After the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, and upon...
Page 432 - Confinement of the debtor may be a punishment for not performing his contract, or may be allowed as a means of inducing him to perform it. But the state may refuse to inflict this punishment, or may withhold this means, and leave the contract in full force. Imprisonment is no part of the contract, and simply to release the prisoner does not impair its obligation.
Page 54 - Upon the trial of a question of fact by the court, its decision shall be given in writing, and shall contain a statement of the facts found and the conclusions of law, separately...