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, Том 1W. Gould & sons, 1872 |
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Стр. xxi
... 197 a . Leave to sue 197 b . Ejectment ... 198 c . Insolvent corporations ... 198 d . Receivers appointed in other States 198 e . Supplementary proceedings . 198 ― Part I , Chap . XI - Leave to TABLE OF CONTENTS . xxi.
... 197 a . Leave to sue 197 b . Ejectment ... 198 c . Insolvent corporations ... 198 d . Receivers appointed in other States 198 e . Supplementary proceedings . 198 ― Part I , Chap . XI - Leave to TABLE OF CONTENTS . xxi.
Стр. xxv
... appointed .... 253 Section 2. General duties of the office ... 254 Article VI . Stenographers 254 Section 1. How appointed ..... 254 Section 2. Nature and duties of the office 254 Article VII . Criers .... 254 Section 1. Duties of ...
... appointed .... 253 Section 2. General duties of the office ... 254 Article VI . Stenographers 254 Section 1. How appointed ..... 254 Section 2. Nature and duties of the office 254 Article VII . Criers .... 254 Section 1. Duties of ...
Стр. 105
... appointed by any order or decree of the supreme court , may sue in their own names for any debt , claim or demand transferred to them , or to the possession and control of which they are entitled as such receiver or committee . 3 R. S. ...
... appointed by any order or decree of the supreme court , may sue in their own names for any debt , claim or demand transferred to them , or to the possession and control of which they are entitled as such receiver or committee . 3 R. S. ...
Стр. 106
... appointed by the courts of another State or country . No case can be found in which a receiver has been permitted to sue in a foreign jurisdiction for the property of a debtor . Booth v . Clark , 17 How . ( U. S. ) 322 . And the right ...
... appointed by the courts of another State or country . No case can be found in which a receiver has been permitted to sue in a foreign jurisdiction for the property of a debtor . Booth v . Clark , 17 How . ( U. S. ) 322 . And the right ...
Стр. 109
... appointed for the purposes of the action . Code , § 115 ; Hoftailing v . Teal , 11 How . 188 ; Freyberg v . Pelerin , 24 id . 202. There is , however , one excep- tion to this general rule . Where an infant wife joins with her husband ...
... appointed for the purposes of the action . Code , § 115 ; Hoftailing v . Teal , 11 How . 188 ; Freyberg v . Pelerin , 24 id . 202. There is , however , one excep- tion to this general rule . Where an infant wife joins with her husband ...
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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
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Стр. 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.
Стр. 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.
Стр. 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.
Стр. 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...
Стр. 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...
Стр. 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.
Стр. 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...
Стр. 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...
Стр. 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.
Стр. 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.