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" The cause of action, in such a case, is not deemed to Tinrr "E o_ TTTLl*' 2 have accrued, until the discovery, by the plaintiff, or the person under •whom he claims, of the facts constituting the fraud. "
Annual Report of the Commissioners of Statutory Revision: Transmitted to the ... - Page 563
by New York (State) - 1898
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 107

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1888 - 834 pages
...subdivision 5, which applies a six years limitation to actions "to procure a judgment other than for a sum of money, on the ground of fraud, in a case which, on the 31st day of December, 1846, was cognizable by the Court of Chancery," in which class of cases the cause...
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The New York Supplement, Volume 8

1890 - 1100 pages
...of the frauds. It is provided by the act that an action to procure a judgment, other than for a sum of money, on the ground of fraud, in a case, which, on the 31st day of December, 1846, was cognizable by a court of chancery, must be commenced within six years...
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The New York Code of Civil Procedure, as Amended To, and Including, 1889 ...

New York (State), Charles David Rust - 1889 - 864 pages
...chapter. 4. An action to recover a chattel. Б. An action to procure a judgment, other than for a sum of money, on the ground of fraud, in a case which,...thirty-first day of December, eighteen hundred and forty-six, rfas cognizable by the court of chancery. The cause of action, in such a case, is not deemed to have...
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The New York Supplement, Volume 6

1889 - 1080 pages
...than for a sum of money, on the ground of fraud, in a case which on the 31st day of December, 1846, was cognizable by the court of chancery. The cause of action in sucli case is not deemed to have accrued until the discovery by the plaintiff, or the person under...
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Parson's Complete Annotated Pocket Code: The New York Code of Civil ...

New York (State) - 1890 - 1656 pages
...chapter.(2) i An action to recover a chattel. 3. An action to procure a judgment, other than for a nun of money, on the ground of fraud, in a case which, on the thirty -first day of December, 184G, was cognizable by the court of chancery. The cause of action,...
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Parson's Complete Annotated Pocket Code: The New York Code of Civil ...

New York (State) - 1891 - 1554 pages
...chapter.(2) 4. An action to recover a chattel. 5. An action to procure a judgment, other than for a sum of money, on the ground of fraud, in a case which, on the thirty-first day of December, 1846, was cognizable by the court of chancery. The cause of action, iu such a case, is not deemed to...
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The American State Reports: Containing the Cases of General Value ..., Volume 25

Abraham Clark Freeman - 1892 - 1048 pages
...the ground of fraud or mistake must be commenced within three years; but the cause of action in such case is not deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake: Code Civ. Proc., sec. 338, subd. 4....
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The New York Code of Civil Procedure ... Containing All Amendments to and ...

New York (State), Morris Cooper - 1893 - 944 pages
...a.) 331. 4. An action to recover a chattel. 5. An action to procure a judgment, other than for a SUE of money, on the ground of fraud, in a case which, on the thirty -first day of December, eighteen hundred and forty-sii. was cognizable by the court of chancery....
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 15

South Dakota. Supreme Court - 1902 - 760 pages
...PJ as follows : "An action for relief on the ground of fraud, in cases which heretofore were solely cognizable by the court of chancery, the cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting...
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A Treatise on the Limitation of Actions at Law and in Equity: With ..., Volume 2

Horace Gay Wood - 1893 - 598 pages
...enumerated. 6. An action for relief on the ground of fraud, in cases which, heretofore, were solely cognizable by the Court of Chancery, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting...
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