Reports of Practice Cases, Determined in the Courts of the State of New York: With a Digest of All Points of Practice Embraced in the Standard New York Reports ..., Volumen6
J.S. Voorhies, 1858
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affidavit alleged allowed amended amount answer appeal application appointed assignment attachment authority Bank Barb Board brought cause of action certificate charged claim clerk Code common complaint constitute contained contract corporation costs court creditors damages debt decision defendant delivered demand demurrer denied directed Dist District Duer effect entitled evidence examination execution facts filed fraud give given granted ground held indorser intended interest issued judge judgment jurisdiction justice lands liability lien matter ment motion necessary notice objection obtained opinion party payment person plaintiff pleading possession present proceedings proper provisions purchaser question reason receiver recover reference relation remedy respect rule says seems served shares Smith special term statute sufficient suit summons Supreme Ct taken term third tion trial York
Página 214 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, "by adding or striking out the name of any party ; or by correcting a mistake in the name of a party ; or a mistake in any other respect...
Página 380 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Página 403 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Página 224 - ... be entitled after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office, and it shall be his duty, immediately thereafter, to demand of the defendant, in the action, all the books and papers in his custody or within his power belonging to the office from which he shall have been excluded.
Página 393 - Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law.
Página 41 - The defendant may be arrested, as hereinafter prescribed, in the following cases : 1. In an action for the recovery of damages, on a cause of action not arising out of contract, where the defendant is not a resident of the State, or is about to remove therefrom, or where the action is for an injury to person or character, or for injuring, or for wrongfully taking, detaining or converting property.
Página 147 - If there be no express promise, but a promise is to be raised by implication of law from the acknowledgment of the party, such acknowledgment ought to contain an unqualified and direct admission of a previous, subsisting 'debt, which the party is liable and willing to pay.
Página 554 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
Página 439 - In all cases of appeal to the court of appeals, in actions which were originally commenced in the late court of chancery of this State, the court of appeals shall review the cause upon the facts and the law, without any statement or specification of facts found, or any exception taken at the trial of any or either of them.