The Practice at Law: In Equity, and in Special Proceedings, in All the Courts of Record in the State of New York; with Appropriate Forms, Volumen1W. Gould & sons, 1872 |
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Página iii
... limited to an exposi- tion of its provisions . This view is proper enough in one aspect , but it is , nevertheless , a very limited view of a full system of practice . It is to be recollected that the American practice had its origin in ...
... limited to an exposi- tion of its provisions . This view is proper enough in one aspect , but it is , nevertheless , a very limited view of a full system of practice . It is to be recollected that the American practice had its origin in ...
Página viii
... limited to any one particular part of the work . Part 15 , Actions or proceedings relating to real estate . This part of the work is quite extensive , and includes a discussion of the practice as to actions of ejectment , for dower ...
... limited to any one particular part of the work . Part 15 , Actions or proceedings relating to real estate . This part of the work is quite extensive , and includes a discussion of the practice as to actions of ejectment , for dower ...
Página xviii
... Limited partnerships c . Actions between firms having a common partner ....... Section 5. Persons in an individual and persons in a representative character ... a . In general ..... b . Cestui que trust and trustee .. c . Receiver and ...
... Limited partnerships c . Actions between firms having a common partner ....... Section 5. Persons in an individual and persons in a representative character ... a . In general ..... b . Cestui que trust and trustee .. c . Receiver and ...
Página 2
... limited and applied , according to particular cases , such judicial exposition , when well settled and acquiesced in , becomes itself a precedent , and forms a rule of law for future cases , under like circumstances . The effect of this ...
... limited and applied , according to particular cases , such judicial exposition , when well settled and acquiesced in , becomes itself a precedent , and forms a rule of law for future cases , under like circumstances . The effect of this ...
Página 7
... limited to such matters as pertain to the practice , as distinguished from a study of the general rules of law , or the principles of equity . It must not , however , be supposed , that this omission rests upon the ground that the ...
... limited to such matters as pertain to the practice , as distinguished from a study of the general rules of law , or the principles of equity . It must not , however , be supposed , that this omission rests upon the ground that the ...
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Otras ediciones - Ver todas
Términos y frases comunes
affidavit application appointed ARTICLE assignable attorney authority Bank Barb Bosw cause of action circuit court claim clerk Code commenced common law common pleas complaint Comst Const constitution of 1846 contract corporation court of appeals court of chancery court of common court of equity courts of record damages death debt debtor deceased defendant Duer duties E. D. Smith entitled ex rel executor exercise filing forma pauperis granted injury interpleader John joinder judge judgment jurisdiction jury justice Kern leave liability maintain an action matter Mayor misjoinder motion N. Y. 5 Smith notice Paige petition petitioner plaintiff possession practice proceedings proper prosecute real property relief remedy remittitur removal right of action rule Sandf Section Seld service of process sheriff special term statute suit superior court supreme court therein thereof Tiff tion Title of cause trial trust Wait's Wend York
Pasajes populares
Página 62 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.
Página 39 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Página 158 - ... that the same is true of his own knowledge except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Página 49 - If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive...
Página 180 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Página 126 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Página 92 - That every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person...
Página 643 - Before issuing the writ. the clerk must require a written undertaking on the part of the plaintiff, in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Página 648 - ... to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Página 513 - Where the subject of the action is real or personal property in this State, and the defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly or partly in excluding the defendant from any interest or lien therein ; 5.