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 |
From inside the book
Results 1-5 of 55
Page 3
... justice , & c . , and JOHN LERSCHER . Writ of prohibition — should not be used as a means of interfering with the orderly practice of the courts or as a method to stay summary proceedings . While a writ of prohibition lies to restrain a ...
... justice , & c . , and JOHN LERSCHER . Writ of prohibition — should not be used as a means of interfering with the orderly practice of the courts or as a method to stay summary proceedings . While a writ of prohibition lies to restrain a ...
Page 4
... justice denied the motion and adjourned the trial until June 14 , 1881 , whereupon the relator obtained a writ of prohibition from this court restraining the justice from further action in the premises on the ground of want of ...
... justice denied the motion and adjourned the trial until June 14 , 1881 , whereupon the relator obtained a writ of prohibition from this court restraining the justice from further action in the premises on the ground of want of ...
Page 13
... justice than the com- pany itself which created the trust . And that the company , which was only entitled to the interest , which was at most a mere incident to the principal secured by the bonds and mortgages , stands in a better ...
... justice than the com- pany itself which created the trust . And that the company , which was only entitled to the interest , which was at most a mere incident to the principal secured by the bonds and mortgages , stands in a better ...
Page 51
... justice reserved his decision on the motion of interpleader , as the question was new , and gave defendant time to file an answer until after the motion , as to the power of interpleader , should be decided . Plaintiff excepted . On the ...
... justice reserved his decision on the motion of interpleader , as the question was new , and gave defendant time to file an answer until after the motion , as to the power of interpleader , should be decided . Plaintiff excepted . On the ...
Page 52
... justice to adjourn of his own motion when necessary , for purpose of considera- tion of the question of interpleader . The motion for inter- pleader was in the power of the justice to grant ( Dreyer agt . Ranch , 3 Daly , 434 ) ...
... justice to adjourn of his own motion when necessary , for purpose of considera- tion of the question of interpleader . The motion for inter- pleader was in the power of the justice to grant ( Dreyer agt . Ranch , 3 Daly , 434 ) ...
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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.