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 14J.S. Voorhies, 1873 |
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Σελίδα viii
... debt ; and the new promise is the sole cause of action ... 132 385 Bills , notes and checks - negotiability not affected by charge on married woman's separate estate .. Blank for assignee's name in assignment , may be filled by pur ...
... debt ; and the new promise is the sole cause of action ... 132 385 Bills , notes and checks - negotiability not affected by charge on married woman's separate estate .. Blank for assignee's name in assignment , may be filled by pur ...
Σελίδα xii
... debt discharged in bank- ruptcy ..... 132 rule of , as to presumption of payment .. 1 rules of , in cases where defendant is liable to arrest .. 200 separate statement of matter in justification and in mitigation 107 statute of ...
... debt discharged in bank- ruptcy ..... 132 rule of , as to presumption of payment .. 1 rules of , in cases where defendant is liable to arrest .. 200 separate statement of matter in justification and in mitigation 107 statute of ...
Σελίδα 14
... debt , but the statute is suspended dur- ing the absence ; and , to a plea of the statute , it lies with the plaintiff to show the absence . So in case of a fraud , the action accrues when the fraud was com- mitted , but the statute is ...
... debt , but the statute is suspended dur- ing the absence ; and , to a plea of the statute , it lies with the plaintiff to show the absence . So in case of a fraud , the action accrues when the fraud was com- mitted , but the statute is ...
Σελίδα 69
... debt over to the judgment credit- or , gives the judgment creditor a lien upon the debt , which is ren dered effectual by the final order of the judge directing such payment , like the lien of a creditor's bill on equitable assets ...
... debt over to the judgment credit- or , gives the judgment creditor a lien upon the debt , which is ren dered effectual by the final order of the judge directing such payment , like the lien of a creditor's bill on equitable assets ...
Σελίδα 71
... debt , is a valid payment , although no notice of the proceedings is given to the judgment debtor . But had the judge in this case directed notice to be given to the defendant of the proceedings agaist Clute , it would have been of no ...
... debt , is a valid payment , although no notice of the proceedings is given to the judgment debtor . But had the judge in this case directed notice to be given to the defendant of the proceedings agaist Clute , it would have been of no ...
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63 Barb affidavit affirmed alleged amendment amount answer application assessment assignment attachment attorney authority bankrupt bankruptcy brought cause of action certiorari charge claim Code complaint constitution contract contributory negligence costs counsel court of appeals court of equity creditors damages debt debtor decision defendant defendant's denied discharge dismissed dollars entitled equity evidence ex rel examination execution facts fendant filed foreclosure fraud ground habeas corpus held Hubbell Hudson River injury issue judge judgment judgment debtor jurisdiction jury justice Lans liability lien matter mechanic's lien ment mortgage motion negligence notice opinion order of arrest owner paid party payment person plaintiff pleading proceedings proof provisions question R. R. Co recover referee remedy rendered rule Schreyer sheriff sheriff's deed special term Stat statute statute of limitations supreme court Supreme Ct tion trial Wend
Δημοφιλή αποσπάσματα
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.