Reports of Practice Cases, Determined in the Courts of the State of New York: With a Digest of All Points of Practice Embraced in the Standard New York Reports ..., Volume 15J.S. Voorhies, 1863 - Civil procedure |
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Results 1-5 of 100
Page 13
... provision of 2 Rev. Stat . , 150 , - which requires the ward's consent , -relates only to the appointment of general guardians . In the absence of evidence to the contrary , the regularity of the appointment of a guardian ad litem is to ...
... provision of 2 Rev. Stat . , 150 , - which requires the ward's consent , -relates only to the appointment of general guardians . In the absence of evidence to the contrary , the regularity of the appointment of a guardian ad litem is to ...
Page 14
... provision to the like effect was incorporated in our colonial statute ( Act of 1692 , Laws of N. Y. , Smith & Liv . ed . , 15 ) , but at first the courts were unwilling to recognize it as a general rule . It is said in Rolle's ...
... provision to the like effect was incorporated in our colonial statute ( Act of 1692 , Laws of N. Y. , Smith & Liv . ed . , 15 ) , but at first the courts were unwilling to recognize it as a general rule . It is said in Rolle's ...
Page 15
... provision in the Revised Stat- utes , by which the Surrogates ' Courts were limited to the powers therein expressly enumerated , has restored these courts to every authority which they possessed prior to the revision of 1829 . That they ...
... provision in the Revised Stat- utes , by which the Surrogates ' Courts were limited to the powers therein expressly enumerated , has restored these courts to every authority which they possessed prior to the revision of 1829 . That they ...
Page 24
... provision that was superseded and became inoperative by subsequent legislative enactments . ( Book of Commissioners , III . , 473. ) With the exception of this provision , the powers of these legal delegates were not much greater in ...
... provision that was superseded and became inoperative by subsequent legislative enactments . ( Book of Commissioners , III . , 473. ) With the exception of this provision , the powers of these legal delegates were not much greater in ...
Page 29
... provision virtually empowering the court to call executors to account , which was an important change , as before that time probate or ecclesiastical courts had no power either by the canon law , or by statute , to compel ex- ecutors to ...
... provision virtually empowering the court to call executors to account , which was an important change , as before that time probate or ecclesiastical courts had no power either by the canon law , or by statute , to compel ex- ecutors to ...
Contents
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Common terms and phrases
Abbotts action was brought affidavit affirmed alleged amended amount answer application appointed attachment attorney Barb bill Bosw Brick's Estate cause of action certiorari claim clerk Code common law complaint contract costs Court of Chancery court of equity Courts of Sessions creditors damages debt debtor decree defendant defendant's demurrer denied District entitled equity evidence execution executors facts filed fraud granted ground guardian guardian ad litem held indictment injunction interpleader issued judge judgment judgment-debtor jurisdiction jury justice lease liable lien ment mortgage motion N. Y. Superior Ct notice objection order of arrest Paige party payment person plaintiff pleading provision provisional remedy question real estate receiver recover reference remedy reversed section 294 sheriff special term Stat stay of proceedings Stuart & Co sufficient suit Supreme Court Supreme Ct surrogate tion trial verdict Wend witness York
Popular passages
Page 552 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Page 244 - ... the plaintiff at the time of issuing the summons, or [at] any time afterwards, may have the property of such defendant or corporation attached, in the manner hereinafter prescribed, as a security for the satisfaction of such judgment as the plaintiff may recover...
Page 535 - ... if the mortgage debt be secured by the covenant or obligation of any person other than the mortgagor, the plaintiff may make such person a party to the action, and the court may adjudge payment of the residue of such debt remaining unsatisfied after a sale of the mortgaged premises against such other person, and may enforce such judgment as in other cases.
Page 535 - But the causes of action, so united, must all belong to one of these classes, and, except in actions for the foreclosure of mortgages, must affect all the parties to the action, and not require different places of trial, and must be separately stated.
Page 327 - That he is the applicant in the foregoing application, that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Page 144 - If the action be against defendants severally liable, he may proceed against the defendants served in the same manner as if they were the only defendants.
Page 560 - ... may agree in writing upon a person or persons, not exceeding three, and a reference shall be ordered to him or them, and to no other person or persons. And if such parties do not agree, the court shall appoint one or more referees, not more than three, who shall be free from exception.
Page 100 - Until the judgment against the defendant shall be paid, the sheriff may proceed to collect the notes and other evidences of debt, and the debts that may have been seized or attached, under the warrant of attachment, and to prosecute any bond he may have taken in the course of such proceedings, and apply the proceeds thereof to the payment of the judgment.
Page 581 - But if he testify to any new matter, not responsive to the inquiries put to him by the adverse party, or necessary to explain or qualify his...
Page 120 - It must be ascertained Judicially that he has forfeited his privileges, or that some one else has a superior title to the property he possesses, before either of them can be taken from him. It cannot be done by mere legislation.