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 |
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Page 18
... debt , as a penalty under section 12 of the Laws of 1848. At the close of the plaintiff's case the defendant moved to dismiss the complainant's case , which motion was granted , and a judgment entered thereon . An appeal was thereupon ...
... debt , as a penalty under section 12 of the Laws of 1848. At the close of the plaintiff's case the defendant moved to dismiss the complainant's case , which motion was granted , and a judgment entered thereon . An appeal was thereupon ...
Page 85
... debts , was preserved by the Revised Statutes , and have not been affected by the statutes of 1848 and 1849 , in relation to married women . That those statutes give the Robins agt . McClure . wife control of her separate NEW YORK ...
... debts , was preserved by the Revised Statutes , and have not been affected by the statutes of 1848 and 1849 , in relation to married women . That those statutes give the Robins agt . McClure . wife control of her separate NEW YORK ...
Page 99
... debt they would then have " purchased " the bonds and paid for them , yet it is well settled that such payment of a considera- tion would not overcome plaintiff's title and make defendants holders for value ( Phoenix Insurance Co. agt ...
... debt they would then have " purchased " the bonds and paid for them , yet it is well settled that such payment of a considera- tion would not overcome plaintiff's title and make defendants holders for value ( Phoenix Insurance Co. agt ...
Page 101
... debts and liabilities of B. and taking possession of B.'s property , and judgment is asked for the value of the sweepings less the cost of refining . Held ( overruling demurrer to complaint ) , that defendants having assumed an ...
... debts and liabilities of B. and taking possession of B.'s property , and judgment is asked for the value of the sweepings less the cost of refining . Held ( overruling demurrer to complaint ) , that defendants having assumed an ...
Page 102
... debts and liabilities of said firm of Kempf , Nenninger & Co. , and especially the claim in dispute , took possession of all its property and thereby became respon- sible for the contract in controversy ; that by its terms the sweepings ...
... debts and liabilities of said firm of Kempf , Nenninger & Co. , and especially the claim in dispute , took possession of all its property and thereby became respon- sible for the contract in controversy ; that by its terms the sweepings ...
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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...