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 68
Page xiv
... justice's court ; nonsuit is not the trial of an issue of fact , within § 3235 ; when granted on defendant's motion , for failure of proof , defendant , and not plaintiff , is entitled to costs under § 3235 . ( Reversing 2 McC . Civ ...
... justice's court ; nonsuit is not the trial of an issue of fact , within § 3235 ; when granted on defendant's motion , for failure of proof , defendant , and not plaintiff , is entitled to costs under § 3235 . ( Reversing 2 McC . Civ ...
Page 16
... justice's court , was , on the defendant's answer of title , renewed in the supreme court , and on the trial , after the plaintiff had given evidence and rested , the question of title to real prop- erty not having arisen , he was ...
... justice's court , was , on the defendant's answer of title , renewed in the supreme court , and on the trial , after the plaintiff had given evidence and rested , the question of title to real prop- erty not having arisen , he was ...
Page 17
... justice ; and if the defendant has not com- mitted the trespass , he should try that fact before the justice . But if he has gone upon the land , and desires to try the question of title , and the right is involved , and for his own ...
... justice ; and if the defendant has not com- mitted the trespass , he should try that fact before the justice . But if he has gone upon the land , and desires to try the question of title , and the right is involved , and for his own ...
Page 20
... justice's court . If he has gone upon the land and wants to try the question of title , he might and should admit the trespass , and justify under his title . In that case , the plaintiff's cause of action being admitted , there could ...
... justice's court . If he has gone upon the land and wants to try the question of title , he might and should admit the trespass , and justify under his title . In that case , the plaintiff's cause of action being admitted , there could ...
Page 28
... justice's court , " an appeal is taken by serving * * * a written notice of appeal ; " and in respect to the notice of appeal , the former distinction in practice between an appeal from a court of record and an appeal from a justice's ...
... justice's court , " an appeal is taken by serving * * * a written notice of appeal ; " and in respect to the notice of appeal , the former distinction in practice between an appeal from a court of record and an appeal from a justice's ...
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Common terms and phrases
action of ejectment affidavit affirmed alleged amended answer application assignment attorney attorney-general authority Barb Berdell brought Brown cause of action 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 entitled equitable evidence ex rel examination execution executor granted husband injunction injury judge jurisdiction justice justice's court Lake Erie landlord lien M. C. Davis malicious prosecution marine court Matter McCarty ment motion nonsuit notice of appeal order of arrest party payment pending person petition petitioner plaintiff pleading possession premises prosecution provisions question R. R. Co real property recover remainderman remedy respondent rule Schultz security for costs special proceeding special term subd subdivision sufficient summary proceedings 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.