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 81
Page ix
... given . 2557-2567 , 3347 , 3352,3356 ; Chap . 245 , Laws 1880 . 1533 ESTATE OF SEXTON .... Costs in surrogates ' courts ; until when , costs do not accrue ; by what to be taxed , when proceeding begun before and terminated after Code of ...
... given . 2557-2567 , 3347 , 3352,3356 ; Chap . 245 , Laws 1880 . 1533 ESTATE OF SEXTON .... Costs in surrogates ' courts ; until when , costs do not accrue ; by what to be taxed , when proceeding begun before and terminated after Code of ...
Page 16
... given evidence and rested , the question of title to real prop- erty not having arisen , he was nonsuited on motion of the defendant , - Held , that the judgment entered upon such nonsuit was a final judg- ment in the action . To ...
... given evidence and rested , the question of title to real prop- erty not having arisen , he was nonsuited on motion of the defendant , - Held , that the judgment entered upon such nonsuit was a final judg- ment in the action . To ...
Page 24
... given on obtain- ing an order of arrest must be to the effect that , " if the defendant recovers judgment , or if it is finally decided that the plaintiff was not entitled to the order of arrest , the plaintiff will pay , " etc. , which ...
... given on obtain- ing an order of arrest must be to the effect that , " if the defendant recovers judgment , or if it is finally decided that the plaintiff was not entitled to the order of arrest , the plaintiff will pay , " etc. , which ...
Page 27
... given by statute , we think a most careful examination will fail to find any case where a statute gives a right of action , not otherwise existing , in which the extraordinary remedy of arrest is permitted , unless it is given by clear ...
... given by statute , we think a most careful examination will fail to find any case where a statute gives a right of action , not otherwise existing , in which the extraordinary remedy of arrest is permitted , unless it is given by clear ...
Page 39
... given to the act , for certain reasons which he assigned - one of which was , that it was contrary to the policy of the law and destructive of that conjugal union and tranquillity which it has always been the object of the law to guard ...
... given to the act , for certain reasons which he assigned - one of which was , that it was contrary to the policy of the law and destructive of that conjugal union and tranquillity which it has always been the object of the law to guard ...
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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.