Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volumen61 |
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Página xlii
... rule 3 ... 105 General Rules of Practice , rule 30 .. 489 Cases DETERMINED IN THE FOURTH DEPARTMENT IN THE APPELLATE DIVISION xlii RULES CITED .
... rule 3 ... 105 General Rules of Practice , rule 30 .. 489 Cases DETERMINED IN THE FOURTH DEPARTMENT IN THE APPELLATE DIVISION xlii RULES CITED .
Página 6
... rule of practice because of the fact that a writ of partition was a common- law process , of which the common - law tribunals had for a long time . exclusive jurisdiction ; the writ was returnable before commissioners appointed to hear ...
... rule of practice because of the fact that a writ of partition was a common- law process , of which the common - law tribunals had for a long time . exclusive jurisdiction ; the writ was returnable before commissioners appointed to hear ...
Página 7
... rule which had so long prevailed , and which prohibited the trial of issues arising in parti- tion actions affecting the title to the lands which it was sought to partition . Any party to such an action then became entitled , as matter ...
... rule which had so long prevailed , and which prohibited the trial of issues arising in parti- tion actions affecting the title to the lands which it was sought to partition . Any party to such an action then became entitled , as matter ...
Página 8
... rule until Weston v . Stoddard ( supra ) was decided . By that decision the rule was expressly changed . After a discussion of the authorities and of the sections of the Code then and now in force , Judge MAYNARD , in writing the ...
... rule until Weston v . Stoddard ( supra ) was decided . By that decision the rule was expressly changed . After a discussion of the authorities and of the sections of the Code then and now in force , Judge MAYNARD , in writing the ...
Página 10
... rule had its origin in the right of the citizen to a trial by jury of all questions involving the title to land . The modern tendency , however , has been in favor of the App . Div . ] FOURTH DEPARTMENT , APRIL TERM 10 DRAKE v . DRAKE .
... rule had its origin in the right of the citizen to a trial by jury of all questions involving the title to land . The modern tendency , however , has been in favor of the App . Div . ] FOURTH DEPARTMENT , APRIL TERM 10 DRAKE v . DRAKE .
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Términos y frases comunes
action alleged amount appellant APRIL TERM assessment assignment attorney authority Binghamton Burgard butternut tree certificate charge Civil Procedure claim clerk Code of Civil complaint concurred contract corporation costs and disbursements Court in favor creditors damages David Drake deceased decree deed defendant defendant's denied dollars costs entered entitled Esther Hart evidence ex rel executed fact FOURTH DEPARTMENT granted held Impleaded issue Judgment affirmed Judgment and order jury land liability McNaney ment mortgage motion opinion Order affirmed owner parties payment person plaintiff Port Dickinson possession premises proceeding provisions question Railroad Company recover relator replevin Respondent reversed SECOND DEPARTMENT Special Term statute street Supreme Court surrogate Surrogate's Court testator testified testimony thereof THIRD DEPARTMENT Thomas Rogers tiff tion town track trial trustee verdict William G witness writ writ of mandamus York YORK ex rel
Pasajes populares
Página 351 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated herein; or in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Página 350 - ... against all direct loss or damage by fire, except as hereinafter provided, to an amount not exceeding dollars to the following described property while located and contained as described herein, and not elsewhere...
Página 582 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs...
Página 245 - An action, the limitation of which is not specially prescribed in this or the last title, must be commenced within ten years after the cause of action accrues.
Página 351 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground, not owned by the insured in fee simple; or if the subject of insurance be personal property and be or become incumbered by a chattel mortgage...
Página 397 - March, one thousand eight hundred and sixty (at 12 o'clock at noon), the said loss or damage to be estimated according to the true and actual cash value of the said property at the time the same shall happen...
Página 404 - That the court has no jurisdiction of the person of the defendant or the subject of the action ; or,
Página 30 - If any certificate or report made, or public notice given, by the officers of any such company, in, pursuance of the provisions of this act, shall be false in •"•*• any material representation...
Página 9 - Where two or more persons hold and are in possession of real property, as joint tenants or as tenants in common, in which either of them has an estate of inheritance, or for life, or for years, any one or more of them may maintain an action for the partition of the property, according to the respective rights of the persons interested therein...
Página 273 - ... The purpose and effect of a decree of divorce from the bond of matrimony by a court of competent jurisdiction are to change the existing status or domestic relation of husband and wife, and to free them both from the bond. The marriage tie, when thus severed as to one party, ceases to bind either. A husband without a wife, or a wife without a husband, is unknown to the law.