McCarty's Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Volume 2 |
From inside the book
Results 1-5 of 41
Page 1
... to review the facts , upon appeal from an order granting a new trial . Chapters 17 ( sic ) [ chap . 16 ; see § 2140 ] and 18 of this Code , enacted in 1880 , provide for a review of the facts , Davis v . Clark . appeals to the court of.
... to review the facts , upon appeal from an order granting a new trial . Chapters 17 ( sic ) [ chap . 16 ; see § 2140 ] and 18 of this Code , enacted in 1880 , provide for a review of the facts , Davis v . Clark . appeals to the court of.
Page 2
... chapter 18 ( § 2586 ) in regard to review of a question of fact to the general term of the supreme court ; and chapter 16 does not contain any special provision for the determination of a disputed question of fact upon appeal to the ...
... chapter 18 ( § 2586 ) in regard to review of a question of fact to the general term of the supreme court ; and chapter 16 does not contain any special provision for the determination of a disputed question of fact upon appeal to the ...
Page 19
... chapter 6 ( 965 ) . The way provided for by chapter 6 is a motion for defect of form . Unless that course is taken , there must be a trial ; and , an answer being served containing a defense , the trial is of an issue of fact . I think ...
... chapter 6 ( 965 ) . The way provided for by chapter 6 is a motion for defect of form . Unless that course is taken , there must be a trial ; and , an answer being served containing a defense , the trial is of an issue of fact . I think ...
Page 24
... " to recover back moneys lost at play . This was followed by the provisions of the Revised Statutes ( section 14 of article 3 of title 8 of Tompkins v . Smith . chapter 20 of part 1 24 MCCARTY'S CIVIL PROCEDURE REPORTS .
... " to recover back moneys lost at play . This was followed by the provisions of the Revised Statutes ( section 14 of article 3 of title 8 of Tompkins v . Smith . chapter 20 of part 1 24 MCCARTY'S CIVIL PROCEDURE REPORTS .
Page 25
... chapter 20 of part 1 ) , which is , " every person who shall , by playing at any game , or by betting on the sides or hands of such as do play , lose at any time or sitting , the sum or value of twenty - five dollars or upwards , and ...
... chapter 20 of part 1 ) , which is , " every person who shall , by playing at any game , or by betting on the sides or hands of such as do play , lose at any time or sitting , the sum or value of twenty - five dollars or upwards , and ...
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Common terms and phrases
affidavit affirmed alleged amended answer application attorney attorney at law attorney-general authority Barb Berdell brought Brown cause of action Chap CITED Civil Procedure claim Code of Civil common law complaint Consolidation of Actions corporation costs counsel court of appeals Davis decided decree defendant defendant's demurrer denied Duer entitled evidence ex rel examination execution executor granted husband illegal injunction injury judge jurisdiction justice justice's court landlord lease lien M. C. Davis marine court Matter McCarty ment motion N. Y. Super nonsuit notice of appeal order of arrest party payment person petition petitioner plaintiff pleading possession premises provisions question R. R. Co real property recover remedy respondent rule Schultz security for costs Shaw special term subd subdivision sufficient summary proceedings superior city supra supreme court sureties surrogate surrogate's court tenant thereof tion trial undertaking vacate warrant Wend wife writ
Popular passages
Page 486 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 288 - debts " includes every claim and demand, upon which a judgment for a sum of money, or directing the payment of money, could be recovered in an action ; and the word
Page 298 - Each of the officers in this article named, excepting the Speaker of the Assembly, shall, at stated times during his continuance in office, receive for his services a compensation which shall not be increased or diminished during the term for which he shall have been elected; nor shall he receive to his use any fees or perquisites of office or other compensation.
Page 203 - But it must appear, upon the face of the complaint, that all the causes of action, so united, belong to one of the foregoing subdivisions of this section...
Page 25 - ... or other game or games whatsoever, or by betting on the sides or hands of such as do game...
Page 245 - Where it appears, by affidavit, that the defendant, during the pendency of the action, is doing, or procuring, or suffering to be done, or threatens, or is about to do, or to procure, or suffer to be done, an act, in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual, an injunction order may be granted to restrain him therefrom.
Page 371 - ... existence. Very early the question arose whether a State's right of eminent domain could be exercised by a private corporation created for the purpose of constructing a railroad. Clearly it could not, unless taking land for such a purpose by such an agency is taking land for public use. The right of eminent domain nowhere justifies taking property for a private use. Yet it is a doctrine universally accepted that a state legislature may authorize a private corporation to take land for the construction...
Page 454 - For the purpose of justification, each of the bail must attend before the judge, at the time and place mentioned in the notice, and be examined on oath, on the part of the plaintiff, touching his sufficiency, in such manner as the judge, in his discretion, thinks proper. The...
Page 245 - ... when during the litigation it appears that the defendant is doing or threatens or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
Page 129 - ... to the effect that he will pay all costs and damages which may be awarded against him on the appeal not exceeding five hundred dollars.