Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York, Volume 67William Gould & Son, 1884 - Civil procedure |
From inside the book
Results 1-5 of 85
Page 21
... claim and alleges that his wife was guilty of adultery , and such allegation was made as a founda- tion for a claim for demand for affirmative relief , and not simply as a defense to plaintiff's action : Held , that this was tantamount ...
... claim and alleges that his wife was guilty of adultery , and such allegation was made as a founda- tion for a claim for demand for affirmative relief , and not simply as a defense to plaintiff's action : Held , that this was tantamount ...
Page 28
... claims that she is entitled to this separation because the conduct of the defendant was such as seriously and injuriously to affect her health , and therefore rendered it unsafe and improper for her to cohabit with him . To sustain her ...
... claims that she is entitled to this separation because the conduct of the defendant was such as seriously and injuriously to affect her health , and therefore rendered it unsafe and improper for her to cohabit with him . To sustain her ...
Page 32
... claim that any such charge was ever made or suggested during the time the parties lived together as man and wife . , It appears from the evidence that what- ever charge of that nature was made , was made by de Meli in regard to his wife ...
... claim that any such charge was ever made or suggested during the time the parties lived together as man and wife . , It appears from the evidence that what- ever charge of that nature was made , was made by de Meli in regard to his wife ...
Page 34
... claim in which he might allege any cause for a divorce or separation which is given by the Code and insist upon affirmative relief . This was tantamount to the commencement of an action by him against his wife for divorce on the ground ...
... claim in which he might allege any cause for a divorce or separation which is given by the Code and insist upon affirmative relief . This was tantamount to the commencement of an action by him against his wife for divorce on the ground ...
Page 85
... claims to hold the same in his own right , and denies that he holds adversely to the said heirs - at - law and next ... claim to be entitled , as the husband , to that portion of the estate which would have gone to Wright Robins in case ...
... claims to hold the same in his own right , and denies that he holds adversely to the said heirs - at - law and next ... claim to be entitled , as the husband , to that portion of the estate which would have gone to Wright Robins in case ...
Other editions - View all
Common terms and phrases
act Laws affidavit alleged amended amount answer application appointed assessment assignment attachment attorney authority Bank agt Barb bonds cause of action certiorari chap charge Civil Procedure claim Code of Civil commissioners complaint contract conviction corporation costs counsel court of equity creditors debtor debts deceased decision defendant defendant's demurrer denied disbursements duty entitled evidence ex rel examination execution executors facts filed fraud fraudulent granted habeas corpus held husband issue judge judgment judgment debtor jurisdiction jury justice legislature liable lien LXVII Matter ment motion notice objection order of arrest owner party payment person plaintiff present proceedings question railroad reason receiver recover reference relator repealed Revised Statutes rule sheriff special term Spuyten Duyvil creek street SUPREME COURT surrogate taken testator testimony thereof tion Tonawanda railroad town of Rosendale trial trustees vacate verdict wife witnesses York
Popular passages
Page 231 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Page 294 - By marriage, the husband and wife are one person in law, that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband ; under whose wing, protection, and cover, she performs everything ; and is therefore called in our law French a.
Page 118 - ... if such a subscribing witness has forgotten the occurrence, or testifies against the execution of the will ; the will may nevertheless be established, upon proof of the handwriting of the testator, and of the subscribing witnesses, and also of such other circumstances as would be sufficient to prove the will upon the trial of an action.
Page 262 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense ; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
Page 205 - ... shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be thereafter contracted...
Page 266 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 28 - And if it be complained that by this inactivity of the Courts much injustice may be suffered, and much misery produced, the answer is, that Courts of Justice do not pretend to furnish cures for all the miseries of human life.
Page 140 - 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.
Page 140 - ... by the judgment, be made chargeable only upon the estate, fund, or party represented, unless the court shall direct the same to be paid by the plaintiff or defendant, personally, for mismanagement or bad faith in the action or defense.
Page 296 - A married woman may bargain, sell, assign and transfer her separate personal property, and carry on any trade or business, and perform any labor or services on her sole and separate account ; and the earnings of any married woman, from her trade, business, labor or services, shall be her sole and separate property, and may be used or invested by her in her own name...