The Practice in Civil Actions and Proceedings at Law in the State of New York: In the Supreme Court, and Other Courts of the State; and Also in the Courts of the United States, Page 144, Volume 2G. & C. & H. Carvill, 1830 - Civil procedure |
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Page 27
... fact whether a trial has been lost , it is for the plaintiff who seeks to qualify the rule , to show by his affidavit the necessary facts which may entitle him to do so.2 remedy . If the sheriff has taken a bail bond , he may resort to ...
... fact whether a trial has been lost , it is for the plaintiff who seeks to qualify the rule , to show by his affidavit the necessary facts which may entitle him to do so.2 remedy . If the sheriff has taken a bail bond , he may resort to ...
Page 43
... fact been pre- vented by the omission from surrendering their principal , they were allowed to surrender in thirty days , and have an exone- retur entered , on paying all costs . " 90 cipal resides Where the service of the capias , is ...
... fact been pre- vented by the omission from surrendering their principal , they were allowed to surrender in thirty days , and have an exone- retur entered , on paying all costs . " 90 cipal resides Where the service of the capias , is ...
Page 60
... fact , as the sufficiency of an excuse for not giving earlier notice . " Supplementary or counter affidavits can never be read in support of a motion , unless copies have been served on the opposite party , 101 either to substantiate ...
... fact , as the sufficiency of an excuse for not giving earlier notice . " Supplementary or counter affidavits can never be read in support of a motion , unless copies have been served on the opposite party , 101 either to substantiate ...
Page 81
... facts recom- Where the facts upon a non - enumerated motion are nume- Abstract of rous and complicated , and the papers prolix , it is advisable , to mended . furnish the court with an abstract of the facts ; otherwise it may happen ...
... facts recom- Where the facts upon a non - enumerated motion are nume- Abstract of rous and complicated , and the papers prolix , it is advisable , to mended . furnish the court with an abstract of the facts ; otherwise it may happen ...
Page 102
... fact shall have been joined in any action in a court of law , being a court of record , and it shall appear on the application of either party , that any witness not residing within this state , is material in the prosecution or defence ...
... fact shall have been joined in any action in a court of law , being a court of record , and it shall appear on the application of either party , that any witness not residing within this state , is material in the prosecution or defence ...
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Common terms and phrases
13 Johns 9 Johns action affidavit afterwards allowed amend amount application arrest assignment attorney bail bail bond Barnes bill bond brought Caines capias ad satisfaciendum certiorari clerk common law common pleas costs court of equity court of errors Cowen creditor cution damages debt debtor declaration default defendant defendant's delivered demurrer discharge docket entered entitled execution executors fendant fieri facias filed granted held insolvent issued jail judge judgment jury lands levy liable liberties lien Maule & Selw ment motion nonsuit notice nulla bona obtained officer paid party payment person plaintiff in error plead Pract proceed proceedings provisions purchaser Raym real estate record recovered referees rendered revised statutes rule Salk Saund scire facias sheriff sold stay suit supreme court taken Taunt tenant Term Rep thereof Tidd tiel tion trial verdict vide Wend writ of error
Popular passages
Page 314 - ... be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
Page 347 - ... made with the intent to hinder, delay or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts or demands, and every bond or other evidence of debt given, suit commenced, decree or judgment suffered, with the like intent, as against the persons so hindered, delayed or defrauded, shall be void.
Page 194 - ... or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the court; 12.
Page 677 - Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced.
Page 681 - When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this State, or any office in a corporation created by the authority of this State ; or, 2.
Page 629 - ... has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...
Page 179 - If the executor or administrator doubts the justice of any such claim, he may enter into an agreement in writing with the claimant to refer the matter in controversy to one or more disinterested persons, to be approved by the surrogate.
Page 222 - All taxes levied and collected under this article shall be paid into the treasury of the state for the use of the state, and shall be applicable to the expenses of the state government and to such other purposes as the legislature shall by law direct. § 242. Definitions.— The words "estate
Page 230 - Interlocutory judgments are such as are given in the middle of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the suit.
Page 193 - A party to the action or special proceeding, an attorney, counsellor, or other person, for the non-payment of a sum of money, ordered or adjudged by the court to be paid, in a case where by law execution cannot be awarded for the collection of such sum ; or for any other disobedience to a lawful mandate of the court.