A Digest of New York Statutes and Reports: From the Earliest Period to the Year 1860, Τόμος 4J.S. Voorhies, 1864 |
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Σελίδα 12
... defendant to prove pay - law proceedings , the return should embrace ment to the contractor , before service of the the exhibits put in evidence , or copies of plaintiff's account upon the defendant pur- them . N. Y. Com . Pl . , 1853 ...
... defendant to prove pay - law proceedings , the return should embrace ment to the contractor , before service of the the exhibits put in evidence , or copies of plaintiff's account upon the defendant pur- them . N. Y. Com . Pl . , 1853 ...
Σελίδα 34
... defendant , and , without his request , pays it over to the plain- tiff , he cannot recover from defendant the money paid . Supreme Ct . , 1808 , Jones v . Wilson , 3 Johns . , 434 ; 1813 , Beach v . Vanden- burgh , 10 Id . , 361 ; 1817 ...
... defendant , and , without his request , pays it over to the plain- tiff , he cannot recover from defendant the money paid . Supreme Ct . , 1808 , Jones v . Wilson , 3 Johns . , 434 ; 1813 , Beach v . Vanden- burgh , 10 Id . , 361 ; 1817 ...
Σελίδα 37
... Defendant transferred , with guaranty , to plaintiff , a note of S. , and subsequently settled a judgment obtained thereon by plain- tiff , in the name of the payee , and also debts due to himself from S. , and took notes of S. - Held ...
... Defendant transferred , with guaranty , to plaintiff , a note of S. , and subsequently settled a judgment obtained thereon by plain- tiff , in the name of the payee , and also debts due to himself from S. , and took notes of S. - Held ...
Σελίδα 79
... defendant was taken , and for which he had brought an action for false imprisonment , was made on papers entitled in the latter suit , and granted . Holmes v . Wil- liams , 3 Cai . , 98 . 40. Motion to set aside execution . Where A ...
... defendant was taken , and for which he had brought an action for false imprisonment , was made on papers entitled in the latter suit , and granted . Holmes v . Wil- liams , 3 Cai . , 98 . 40. Motion to set aside execution . Where A ...
Σελίδα 113
... defendant be under bail for the same cause in another court , unless plaintiff will discontinue such other suit . Chancery , 1831 , Mitchell v . Bunch , 2 Paige , 606 . 7. The fact that defendant had been pre- viously held to bail in an ...
... defendant be under bail for the same cause in another court , unless plaintiff will discontinue such other suit . Chancery , 1831 , Mitchell v . Bunch , 2 Paige , 606 . 7. The fact that defendant had been pre- viously held to bail in an ...
Συχνά εμφανιζόμενοι όροι και φράσεις
11 Johns 19 Wend A. V. Chan Abbotts affidavit affirming S. C. agreement allegation answer Appeals application assignment aver Bank Barb bill bond cause of action Chancery claim Code complaint Comst contract corporation court covenant creditor damages debt declaration defendant defendant's demurrer discharge Duer E. D. Smith entitled equity Errors evidence execution facts filed firm foreclosure fraud granted ground Held Hill indorsed interest issue Jackson judgment jury land liable lien matter Mayor ment misjoinder mortgage mortgagor motion N. Y. Leg N. Y. Superior Ct ne exeat necessary nonsuit notice officer Overseers owner paid Paige partner partnership party payment plaintiff plea pleading preme Ct premises proceedings purchaser recover replevin rule Sandf Seld Stat statute sufficient suit Supreme Ct tion trial trustee usury verdict void
Δημοφιλή αποσπάσματα
Σελίδα 474 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Σελίδα 477 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; 2.
Σελίδα 269 - 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 272 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Σελίδα 263 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Σελίδα 279 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in.
Σελίδα 492 - The defendant may set forth by answer as many defenses and counterclaims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both.
Σελίδα 262 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Σελίδα 268 - All persons having an interest in the subject of the action, and in obtaining the relief demanded, may be joined as plaintiffs, except as otherwise provided in this article.
Σελίδα 29 - To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation; or to reduce such capital stock without the consent of the legislature; or 3.