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. xi
... damages , or not at all ..... Section 4. Affords no relief outside of the general rules .... Section 5. Do not compel specific performance of contracts .... Section 6. Do not prevent the commission of wrongs Section 7. Not adapted to ...
... damages , or not at all ..... Section 4. Affords no relief outside of the general rules .... Section 5. Do not compel specific performance of contracts .... Section 6. Do not prevent the commission of wrongs Section 7. Not adapted to ...
Стр. xlix
... Damages for fraud or deceit 629 8. Removing property with intent to defraud creditors 630 t . Females for willful injury , etc. 631 u . Contempts .... 631 v . Usurpation of office . 631 Article V. Proceedings to obtain an order of ...
... Damages for fraud or deceit 629 8. Removing property with intent to defraud creditors 630 t . Females for willful injury , etc. 631 u . Contempts .... 631 v . Usurpation of office . 631 Article V. Proceedings to obtain an order of ...
Стр. 5
... damages given by the jury , and the costs allowed by the court ; which being done there is an end of the suit , and both parties are once more out of court . " The explanation just given relates to an action at law , and in some ...
... damages given by the jury , and the costs allowed by the court ; which being done there is an end of the suit , and both parties are once more out of court . " The explanation just given relates to an action at law , and in some ...
Стр. 6
... damages , was called a personal action . An action for the recovery of real estate and damages for its illegal detention was called a mixed action . At common law , an action ex contractu is one which arises on contract , and is brought ...
... damages , was called a personal action . An action for the recovery of real estate and damages for its illegal detention was called a mixed action . At common law , an action ex contractu is one which arises on contract , and is brought ...
Стр. 9
... damages resulting from his acts . The whole remedy consists in compensation to the injured party by way of damages assessed against the party in the wrong . The coercive power of the law is limited in its in- fluence upon the parties ...
... damages resulting from his acts . The whole remedy consists in compensation to the injured party by way of damages assessed against the party in the wrong . The coercive power of the law is limited in its in- fluence upon the parties ...
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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 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
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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.