The New York Supplement, Volume 16West Publishing Company, 1892 - Law reports, digests, etc |
From inside the book
Results 1-5 of 70
Page 30
... Code Civil Proc . 88 539 , 2944. The judgment and order appealed from should be af- firmed . All concur . HAZARD et al . v . BIRDSALL et al . ( Supreme Court , General Term , Fifth Department . October 23 , 1891. ) 1 BILL OF PARTICULARS ...
... Code Civil Proc . 88 539 , 2944. The judgment and order appealed from should be af- firmed . All concur . HAZARD et al . v . BIRDSALL et al . ( Supreme Court , General Term , Fifth Department . October 23 , 1891. ) 1 BILL OF PARTICULARS ...
Page 31
... Code of Civil Procedure , which permits persons claiming as joint tenants or tenants in common , by reason of being heirs at law of the person who died in possession of the real property , to maintain an action for the partition thereof ...
... Code of Civil Procedure , which permits persons claiming as joint tenants or tenants in common , by reason of being heirs at law of the person who died in possession of the real property , to maintain an action for the partition thereof ...
Page 32
... Code is general , and applicable to all civil actions , yet in actions out- side of those upon an account , where the items thereof are usually directed to be served when not contained in the pleading , the granting of the order is not ...
... Code is general , and applicable to all civil actions , yet in actions out- side of those upon an account , where the items thereof are usually directed to be served when not contained in the pleading , the granting of the order is not ...
Page 51
... Code Civil Proc . N. Y. § 638 , this is fatal to the attachment . Appeal from special term , New York county . Action by the Union Distilling Company against Henry Ruser . From an order denying his motion to vacate an attachment ...
... Code Civil Proc . N. Y. § 638 , this is fatal to the attachment . Appeal from special term , New York county . Action by the Union Distilling Company against Henry Ruser . From an order denying his motion to vacate an attachment ...
Page 52
... Code Civil Proc . § 1880 , requiring leave to be obtained to issue execution against the property of a deceased judgment debtor , by Laws N. Y. 1890 , c . 515 , which provides that the section shall not apply to real estate conveyed by ...
... Code Civil Proc . § 1880 , requiring leave to be obtained to issue execution against the property of a deceased judgment debtor , by Laws N. Y. 1890 , c . 515 , which provides that the section shall not apply to real estate conveyed by ...
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Common terms and phrases
affidavit agreement alleged amount Appeal from special application appointed Argued assignment authority bank bonds BRUNT charge claim Code Civil Proc commissioners complaint concur contract corporation costs counsel court of equity creditors damages death debt deceased deed defendant appeals defendant's dismissed entitled equity evidence execution executors fact favor fendant firm fund granted held injury interest issued judge Judgment affirmed Judgment reversed jury land lease liability lien MAYHAM ment mortgage motion N. E. Rep N. Y. Supp November 13 November 30 October 16 Oneida Community opinion Order affirmed owner paid parties payment person plaintiff possession premises proceedings purchase question railroad received recover referee refused replevin respondent rule Seneca Nation special term statute street Supreme Court testator testatrix testified testimony thereof tiff tion town Town of Oswegatchie trial trust verdict wife witness York county
Popular passages
Page 435 - Extortion is the obtaining of property from another, with his consent, induced by a wrongful use of force or fear, or under color of official right.
Page 97 - 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...
Page 567 - A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the crime...
Page 120 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 105 - ... in good faith relied upon such conduct, and has been led thereby to change his position for the worse, and who on his part acquires some corresponding right either of property, of contract, or of remedy.
Page 191 - A nation within whose territory any personal property is actually situate has an entire dominion over it while therein, in point of sovereignty and jurisdiction, as it has over immovable property situate there.
Page 270 - I hereby appoint sole executrix of this my last will and testament ; hereby revoking all former wills by me made.
Page 381 - Upon this subject it has been provided that every mortgage, or conveyance intended to operate as a mortgage, of goods and chattels, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change
Page 119 - ... a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same; provided such action is commenced within two years from the time the usurious...
Page 277 - But it may be asserted broadly that if, in any negotiations or transactions with the insured, after knowledge of the forfeiture, it recognizes the continued validity of the policy, or does acts based thereon, or requires the insured by virtue thereof to do some act or incur some trouble or expense, the forfeiture is, as matter of law, waived; and it is now settled in this court, after some difference of opinion, that such a waiver need not be based upon any new agreement or an estoppel.