Reports of Practice Cases, Determined in the Courts of the State of New York, Volume 7John Voorhies, 1859 |
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Common terms and phrases
affidavit alleged amended amount answer appeal application attorney authority averred bill bona fide purchaser Cancemi cause of action certificates charged claim Code commenced complaint consent constitute contract corporation costs counsel counter-claim court of equity creditors debt debtor defendant defendant's demurrer denied District entitled equity examination execution facts fendants Fletcher Harper fraud fraudulent grant ground Haven R. R. held holders illegal indorser injunction interest issued James Ridgeway judge judgment judgment debtor jurisdiction jurors jury justice Legislature Lewis Beach lien Lowber Mayor ment mortgage motion notice officer paid party payment person plaintiff plaintiff in error pleadings proceedings provisions purchase question received recover referred Robert Schuyler security for costs sheriff Sixth Avenue Railroad special term statute suit Supreme Court thereof tiff tion transaction transfer trial trust usury verdict void Wend witness writ York
Popular passages
Page 526 - 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.
Page 387 - 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 301 - This natural life being, as was before observed, the immediate donation of the great Creator, cannot legally be disposed of or destroyed by any individual, neither by the person himself, nor by any other of his fellowcreatures, merely upon their own authority.
Page 59 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of, 1. The same transaction or transactions connected with the same subject of action ; 2.
Page 219 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 126 - ... actions at law and suits in equity and the forms of such actions and suits are prohibited by our constitution.
Page 255 - In actions in which the cause of action shall, by assignment after the commencement of the action, or in any other manner become the property of a person not a party to the action, such person shall be liable for the costs in the same manner as if he were a party, and payment thereof may be enforced by attachment.
Page 133 - The stocks which banking associations or individual bankers, now or hereafter to be organized under the provisions of the act, ' To authorize the business of banking...
Page 60 - Its language is, I think, well chosen for the purpose intended, because it is so obscure and so general as to justify the interpretations which shall be found most convenient and best calculated to promote the ends of justice.
Page 363 - ... from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...