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 ..., Τόμος 14
J.S. Voorhies, 1873
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63 Barb affidavit affirmed alleged allowed amendment amount answer appeal application arrest assignment attachment attorney authority Barb brought cause of action charge claim Code complaint constitution contract costs court creditors damages debtor decision defendant denied determine direct discharge dollars effect entitled equity evidence examination execution fact filed fraud give given granted ground held injury intent interest issue judge judgment jurisdiction jury justice land Lans liability lien limitations materials matter ment mortgage motion necessary negligence notice objection obtained opinion owner paid party payment person plaintiff pleading possession present proceedings proof proper prove provision purchaser question reason received recover referee refused relator remedy respect rule served sheriff statute sufficient suit supreme court Supreme Ct taken term tion trial witness York
Σελίδα 5 - An action for relief, not hereinbefore provided for, must be commenced within four years after the cause of action shall have accrued.
Σελίδα 248 - ... absolutely null and void unless they are freely made and executed in the presence of at least two attesting witnesses, after the allowance of such claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof.
Σελίδα 187 - Provided that this act shall not render competent any party to any suit, action, or proceeding individually named in the record, or any lessor of the plaintiff, or tenant of premises sought to be recovered in ejectment, or the landlord or other person in whose right any defendant in replevin may make...
Σελίδα 364 - The report of the referees upon the whole issue shall stand as the decision of the court, and judgment may be entered thereon in the same manner as if the action had been tried by the court.
Σελίδα 557 - An objection to the qualifications of a juror is available only upon a challenge. A challenge of a juror, or a challenge to the panel or array of jurors, must be tried and determined by the court only. Either party may except to the determination, and it may be reviewed, upon a question of fact, or a question of law, or both, as where an issue of fact presented by the pleadings is tried by the court ; except that where one or more exceptions are taken, to the rulings of the court, made after the...
Σελίδα 329 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Σελίδα 134 - 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 be 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 141 - In cases where the trial of issues of fact is not provided for by the Code, if either party shall desire a trial by jury, such party shall, within ten days after issue joined, give notice of a special motion to be made upon the pleadings, that the whole issue, or any specific questions of fact involved therein, be tried by a jury.
Σελίδα 320 - It is furthermore hereby expressly provided and mutually agreed that no suit or action against the company for the recovery of any claim by virtue of this policy shall be sustainable in any court of law or chancery until after an award shall have been obtained fixing the amount of such claim in the manner above provided...
Σελίδα 480 - When any cause shall be regularly called for argument, and no other disposition shall be made thereof, the appeal shall be dismissed without costs, and an order shall be entered accordingly, which shall be absolute unless upon application made and good cause shown, upon notice to the opposite party within ten days, if the Court is in session, and if not, on the first motion day of the next session, the Court shall revoke said order and restore said appeal.