Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York, Volume 63William Gould & Son, 1882 - Civil procedure |
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Page 2
... allowed to him out of the purchase money ; and that the executors pay to the plain- tiff in due course of administration , but not as a preferred debt , the balance , if any , of the total of such deficiency after deducting the ...
... allowed to him out of the purchase money ; and that the executors pay to the plain- tiff in due course of administration , but not as a preferred debt , the balance , if any , of the total of such deficiency after deducting the ...
Page 47
... the undertaking will be held valid . Ulster Special Term , February , 1882 . MOTION to vacate an attachment upon the papers on which it was allowed . Lampkin agt . Douglass . Howard Chipp , Jr. , NEW YORK PRACTICE REPORTS . 47.
... the undertaking will be held valid . Ulster Special Term , February , 1882 . MOTION to vacate an attachment upon the papers on which it was allowed . Lampkin agt . Douglass . Howard Chipp , Jr. , NEW YORK PRACTICE REPORTS . 47.
Page 48
... allowed is defective , because it does not state as the Code ( sec . 636 ) requires , that the plaintiffs are entitled to recover the sum therein alleged to be due to them " over and above all counter - claims , " but , on the contrary ...
... allowed is defective , because it does not state as the Code ( sec . 636 ) requires , that the plaintiffs are entitled to recover the sum therein alleged to be due to them " over and above all counter - claims , " but , on the contrary ...
Page 52
... allowed to pay the amount he is sued for into court ; that one Leopold Lithauer and one Henry Trau- man be substituted in his place and stead as defendant in this action , and that he be thereupon discharged from liability . " Upon this ...
... allowed to pay the amount he is sued for into court ; that one Leopold Lithauer and one Henry Trau- man be substituted in his place and stead as defendant in this action , and that he be thereupon discharged from liability . " Upon this ...
Page 54
... allowed . PER CURIAM . We are of opinion that the justice had no discretion under the statute . He was bound to see that the answer was filed on the return day of the summons , and he had no power to adjourn without the filing of an ...
... allowed . PER CURIAM . We are of opinion that the justice had no discretion under the statute . He was bound to see that the answer was filed on the return day of the summons , and he had no power to adjourn without the filing of an ...
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Common terms and phrases
affidavit affirmed agreement alleged amount application arrest assignment attorney authority bonds cause of action certificate city of Albany Civil Procedure claim Code of Civil commissioners complaint corporation costs counsel court of appeals court of equity creditors damages death deceased declared defendant defendant's demurrer dower duties entitled evidence execution executors fact foreclosure granted held husband Insurance Company interest interpleader issue judge jurisdiction jury justice lease liable Loan and Trust LXIII Manhattan Company Manhattan Railway Matter Mayor ment mortgage motion National Burglar Norris old firm opinion paid party payment person plaintiff possession premises present proceedings question Railroad Company received recover referee referee's fees reference relator rent respondent sheriff Special Term statute stipulation Supervisors of Albany SUPREME COURT tenant testator thereof tion town of Palatine trial Trust Company undertaking verdict wife William N York Elevated Railroad
Popular passages
Page 380 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 331 - ... the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries, resulting from such death, to the wife and next of kin of such deceased person...
Page 330 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 383 - Where the person on whom the service of the summons is to be made cannot, after due diligence, be found within the State...
Page 162 - The official terms of the chief judge and associate judges shall be fourteen years from and including the first day of January next after their election.
Page 257 - The coroner's warrant may be served in any county, and the officer serving it must proceed thereon, in all respects, as upon a warrant of arrest on an information...
Page 552 - ... all costs and damages which may be awarded against him on the appeal not exceeding five hundred dollars.
Page 45 - No stockholder shall be personally liable for the payment of any debt contracted by any company formed under this act, which is not to be paid within one year from the time the debt is contracted...
Page 151 - In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 570 - To establish a defense on the grounds of insanity, it must be clearly proved that, at the time of committing the act, the accused was laboring under such a defect of reason, from a disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know that what he was doing was wrong.