Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York, Volume 2; Volume 20
Banks & brothers, 1860 - Law reports, digests, etc
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acceptance action actual affirmed agreed agreement alleged allowed amount answer appeal applied assignment authority bill brought building called cause charge claim Code complaint conclusion condition contract costs court damages defendant defendant's delivered delivery demand denied directed district effect entered entitled evidence examination execution existence express facts favor give given granted ground held injury intended interest issued John judge judgment jurisdiction jury justice liable materials matter ment motion necessary notice objection offered opinion owner paid party passed payment performance person plaintiff possession premises presented proceedings proof proved purchase question reason received recover referred refused rendered rent respect respondent reversed rule shown Smith sold specifications statute street sufficient suit sustained taken term testimony tion trial unless Wend whole witness York
Page 13 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 495 - Probable cause," which will justify a criminal accusation, is defined to be "a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 347 - ... the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from such death, to the wife and next of kin of such deceased person...
Page 181 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 582 - ... than costs and expenses allowed to the guardian by the court, until he has given sufficient security, approved by a judge of the court, or a county judge, to account for and apply the same, under the direction of the court.
Page 587 - ... the earnings of the debtor for his personal services, at any time within thirty days next preceding the order, cannot be so applied, when it is made to appear by the debtor's affidavit, or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor.
Page 458 - Code (§ 253) provides that an issue of fact in an action for the recovery of money only, or of specific real or personal property, or for a divorce from the marriage contract on the ground of adultery, must be tried by a jury...
Page 271 - But there may be allowed to the prevailing party, upon the judgment, certain sums, by way of indemnity for his expenses in the action ; which allowances are in this act termed costs.
Page 333 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either— 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2.
Page 478 - ... being a creature of equity, it follows, that, if she has a power to deal with it, she has the other power incident to property in general; namely, the power of contracting debts to be paid out of it; and inasmuch as her creditors have not the means at law of compelling payment of those debts, a court of equity takes upon itself to give effect to them, not as personal liabilities, but by laying hold of the separate property, as the only means by which they can be satisfied.