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 xii
... Liens , 208 , § 191 .. 133 Knowles agt . Hull ...... 99 Mass . , 562 .. 300 Kohl agt . United States .. 91 U. S. R. , 367 .. 123 Krekeler agt . Titter . 62 N. Y. , 372 . 163 L. Mont . , 27 .. Lancashire Coal Co .... Lathrop agt . Clapp ...
... Liens , 208 , § 191 .. 133 Knowles agt . Hull ...... 99 Mass . , 562 .. 300 Kohl agt . United States .. 91 U. S. R. , 367 .. 123 Krekeler agt . Titter . 62 N. Y. , 372 . 163 L. Mont . , 27 .. Lancashire Coal Co .... Lathrop agt . Clapp ...
Page xvi
... Liens , p . 484 , § 347 . 131 Philips on Mechanics ' Liens , 10 .. 133 Phipps agt . Carman ... 23 Hun , 150 .. 3 Phipps agt . Carman .. 84 N. Y. , 650 4 People agt . Woelke . Phoenix Insurance Co. agt . Clark .... 81 N. Y. , 221 Phoenix ...
... Liens , p . 484 , § 347 . 131 Philips on Mechanics ' Liens , 10 .. 133 Phipps agt . Carman ... 23 Hun , 150 .. 3 Phipps agt . Carman .. 84 N. Y. , 650 4 People agt . Woelke . Phoenix Insurance Co. agt . Clark .... 81 N. Y. , 221 Phoenix ...
Page 130
... lien - Complaint - Error in name of the owner in notice of claim can be corrected in complaint - What are necessary averments in com- plaint - When complaint may be amended . An error in the name of the owner in the notice of claim in a ...
... lien - Complaint - Error in name of the owner in notice of claim can be corrected in complaint - What are necessary averments in com- plaint - When complaint may be amended . An error in the name of the owner in the notice of claim in a ...
Page 131
... Liens , p . 484 , sec . 347 ) that the facts required in the notice must be averred in the complaint to show a cause of action , the action being founded upon the lien , and that if the notice was defective by the omission of the name ...
... Liens , p . 484 , sec . 347 ) that the facts required in the notice must be averred in the complaint to show a cause of action , the action being founded upon the lien , and that if the notice was defective by the omission of the name ...
Page 132
... lien law of 1863 , by which act this was dis- pensed with and other material changes were made . All that was required by this act of 1863 , in the notices , was the name and residence of the claimant , the amount claimed , from whom ...
... lien law of 1863 , by which act this was dis- pensed with and other material changes were made . All that was required by this act of 1863 , in the notices , was the name and residence of the claimant , the amount claimed , from whom ...
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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...