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accounting action affidavit alleged allowed amount answer appeal application appointment arrest attachment attorney authority Bank bond brought cause of action charges Civil Procedure claim Cobb Code of Civil common complaint considered Construction contract corporation costs counsel court creditors damages debt Decided decision defendant denied directed discharge effect entered entitled Estate evidence examination execution executors facts favor further given granted ground held interest issued judge judgment jurisdiction jury justice liability Matter ment mortgage motion N. Y. Civ North notice objection offer officer opinion paid party person plaintiff possession present principal proceedings proof purchase question reason receiver recover rendered respondent rule served Smith special term statute sufficient supreme court surety taken tion tort trial Trust undertaking vacate void wife witness York
Page 224 - ... a fair and just compensation for the pecuniary injuries, resulting, from the decedent's death, to the person or persons for whose benefit the action is brought.
Page 87 - If. after the expiration of one year from the granting of letters testamentary, or letters of administration, an executor or administrator refuses, upon demand, to pay a legacy, or distributive share, the person entitled thereto may maintain such an action against him as the case requires. But for the purpose of computing the time within which such an action must be commenced, the cause of action is deemed to accrue when the executor's or administrator's account is judicially settled, and not before.
Page 312 - To hold that by concealing a fraud, or by committing a fraud in a manner that it concealed itself until such time as the party committing the fraud could plead the statute of limitations to protect it, is to make the law which was designed to prevent fraud the means by which it is made successful and secure.
Page 264 - Supervisors; (4) the name which is proposed for the district; and (5) the location of the principal office of the Supervisors of the district. The application shall be subscribed and sworn to by...
Page 160 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 395 - ... the judge to whom the order or warrant is returnable may make an order, appointing a receiver of the property of the judgment debtor. At least two days...
Page 17 - The powers, conferred by this subdivision, must be exercised only in a like case and in the same manner, as a court of record and of general jurisdiction exercises the same powers. Upon an appeal from a determination of the surrogate, made upon an application pursuant to this subdivision, the general term of the supreme court has the same power as the surrogate; and his determination must be reviewed, as if an original application was made to that term.
Page 290 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 264 - ... before an officer authorized by the laws of the state to take and certify the acknowledgment and proof of deeds to be recorded in...