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, Τόμος 1W. Gould & Sons, 1872 |
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Σελίδα xliv
... exercise of discretion .. 465 Article VII . Usage ..... 465 Section 1. The practice of the court is the law of the court ..... 465 PART IV . The Commencement of actions . 467 ... CHAPTER I. The summons . 467 Article I. Actions commenced ...
... exercise of discretion .. 465 Article VII . Usage ..... 465 Section 1. The practice of the court is the law of the court ..... 465 PART IV . The Commencement of actions . 467 ... CHAPTER I. The summons . 467 Article I. Actions commenced ...
Σελίδα 11
... exercise would secure the desired result . But if the contract contains a negative clause , such as an agreement not ... exercises the powers of both those courts . Section 6. Does not prevent the commission of wrongs . For injuries to ...
... exercise would secure the desired result . But if the contract contains a negative clause , such as an agreement not ... exercises the powers of both those courts . Section 6. Does not prevent the commission of wrongs . For injuries to ...
Σελίδα 12
... exercise much greater powers for the purpose of modifying their decrees , or for their impeachment when they are not such as justice and equity would sustain . Extension of remedies - Exceptions to rules . Section 9. 12 LEGAL ACTIONS ...
... exercise much greater powers for the purpose of modifying their decrees , or for their impeachment when they are not such as justice and equity would sustain . Extension of remedies - Exceptions to rules . Section 9. 12 LEGAL ACTIONS ...
Σελίδα 13
... exercise the power of devising or creating new prin- ciples of law , but limit themselves to the administration or application of such principles as are recognized as the law of the land . And yet , such is the extent , variety and ...
... exercise the power of devising or creating new prin- ciples of law , but limit themselves to the administration or application of such principles as are recognized as the law of the land . And yet , such is the extent , variety and ...
Σελίδα 17
... exercise jurisdiction quite independently of the locality of the act to be done , provided the person against whom relief is sought is within the reach and amenable to the process of the court . In exercising the jurisdiction , the ...
... exercise jurisdiction quite independently of the locality of the act to be done , provided the person against whom relief is sought is within the reach and amenable to the process of the court . In exercising the jurisdiction , the ...
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Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
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 county court court of appeals court of chancery court of common court of equity courts of record damages debt debtor deceased decree defendant Duer duties E. D. Smith enforce ex rel executor exercise filed forma pauperis grant injury interest interpleader issue joinder joined judges judgment jurisdiction jury justice Kern liable maintain an action matter Mayor N. Y. 3 Smith necessary notice Paige party person petition plaintiff possession powers practice principles proceedings prosecuted real property recorder's court relief remedy remittitur removal right of action rule Sandf Section Seld sheriff special term statute suit superior court supreme court thereof Tiff tion torts trial trustee Wait's Wend writ York
Δημοφιλή αποσπάσματα
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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...
Σελίδα 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...
Σελίδα 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.
Σελίδα 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...
Σελίδα 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...
Σελίδα 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.
Σελίδα 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.