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 |
Dentro del libro
Resultados 1-5 de 82
Página 13
... respect ; and practice , it must be remembered , is but the application of those remedies which the law provides by its general rules . Section 10. Exceptions to general legal rules . When a rule of law has become well settled , the ...
... respect ; and practice , it must be remembered , is but the application of those remedies which the law provides by its general rules . Section 10. Exceptions to general legal rules . When a rule of law has become well settled , the ...
Página 16
... respect of the violation of con- tinuing rights , are clearly different in kind ; one is legal , the Equity compels the performance of acts specifically . other equitable 16 EQUITABLE SUITS . Equitable suits Courts of equity act on the ...
... respect of the violation of con- tinuing rights , are clearly different in kind ; one is legal , the Equity compels the performance of acts specifically . other equitable 16 EQUITABLE SUITS . Equitable suits Courts of equity act on the ...
Página 19
... respect of which it is most commonly enforced are five in number , viz .: waste , destruction , trespass , nuisance , infring- ment of patent right , and infringment of copyright . There are three incidents connected with this equity ...
... respect of which it is most commonly enforced are five in number , viz .: waste , destruction , trespass , nuisance , infring- ment of patent right , and infringment of copyright . There are three incidents connected with this equity ...
Página 23
... respect , no more discretionary power than courts of law . They decide new cases as they arise by the principles on which former cases have been decided , and may thus illustrate or enlarge the operation of those principles ; but the ...
... respect , no more discretionary power than courts of law . They decide new cases as they arise by the principles on which former cases have been decided , and may thus illustrate or enlarge the operation of those principles ; but the ...
Página 27
... respect to another's property , as unnecessarily and improperly to reduce the value of a lien , which the plaintiff could only enforce at Principles of law and equity unchanged . some subsequent day UNION OF LEGAL AND EQUITABLE REMEDIES ...
... respect to another's property , as unnecessarily and improperly to reduce the value of a lien , which the plaintiff could only enforce at Principles of law and equity unchanged . some subsequent day UNION OF LEGAL AND EQUITABLE REMEDIES ...
Contenido
lvi | |
1 | |
6 | |
8 | |
16 | |
26 | |
32 | |
40 | |
311 | |
320 | |
330 | |
336 | |
345 | |
352 | |
357 | |
359 | |
45 | |
46 | |
49 | |
55 | |
61 | |
67 | |
77 | |
82 | |
88 | |
95 | |
99 | |
116 | |
119 | |
132 | |
133 | |
134 | |
140 | |
158 | |
171 | |
174 | |
178 | |
191 | |
194 | |
198 | |
204 | |
213 | |
214 | |
219 | |
222 | |
229 | |
231 | |
239 | |
241 | |
250 | |
252 | |
258 | |
266 | |
268 | |
279 | |
280 | |
286 | |
295 | |
297 | |
307 | |
365 | |
371 | |
373 | |
379 | |
392 | |
395 | |
403 | |
409 | |
410 | |
416 | |
423 | |
430 | |
437 | |
445 | |
455 | |
463 | |
478 | |
494 | |
501 | |
507 | |
509 | |
532 | |
540 | |
541 | |
550 | |
567 | |
568 | |
587 | |
595 | |
599 | |
605 | |
632 | |
633 | |
646 | |
653 | |
666 | |
696 | |
700 | |
708 | |
723 | |
741 | |
747 | |
781 | |
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.