Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Band 13S.S. Peloubet, 1888 |
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Seite ix
... appeal ; where judgment affirmed as to one of several respondents ; notice of affirmance , when not necessary before suing on undertaking . 1331 , 1352 GUIBERT v . SAUNDERS . 220 Appeal , security to stay . When judgment is interlo ...
... appeal ; where judgment affirmed as to one of several respondents ; notice of affirmance , when not necessary before suing on undertaking . 1331 , 1352 GUIBERT v . SAUNDERS . 220 Appeal , security to stay . When judgment is interlo ...
Seite xiii
... appeal from judgment of , within what time taken . 3046 , 3068 DUDLEY . BRINCKERHOFF .... 92 Appeal ; when county court vested with jurisdiction of , from justice's court ; when appellant entitled to new trial in county court . Evidence ...
... appeal from judgment of , within what time taken . 3046 , 3068 DUDLEY . BRINCKERHOFF .... 92 Appeal ; when county court vested with jurisdiction of , from justice's court ; when appellant entitled to new trial in county court . Evidence ...
Seite 5
... appealed from must be affirmed , with costs . * ADOLPH , RESPONDENT , v . DE CEN ET AL . , APPELLANTS . SUPREME COURT , FIFTH DEPARTMENT , GENERAL TERM , JUNE , 1887 . SS 2947 , 2948 , subd . 1 , 3070 , 3262 . Appeal from justice's ...
... appealed from must be affirmed , with costs . * ADOLPH , RESPONDENT , v . DE CEN ET AL . , APPELLANTS . SUPREME COURT , FIFTH DEPARTMENT , GENERAL TERM , JUNE , 1887 . SS 2947 , 2948 , subd . 1 , 3070 , 3262 . Appeal from justice's ...
Seite 6
... appealed from the judgment to the superior court , for a new trial , alleg- ing certain grounds of appeal , and stating that the judg ment should have been more favorable to defendants , in Adolph v . De Cen . A that it should 6 CIVIL ...
... appealed from the judgment to the superior court , for a new trial , alleg- ing certain grounds of appeal , and stating that the judg ment should have been more favorable to defendants , in Adolph v . De Cen . A that it should 6 CIVIL ...
Seite 8
... appealed from should be modified in accord- ance with these views , and , as so modified , affirmed , without costs of this appeal to either party . HAIGHT and BRADLEY , JJ . , concur . * Code Civ . Pro . § 3262. See also Higgins v ...
... appealed from should be modified in accord- ance with these views , and , as so modified , affirmed , without costs of this appeal to either party . HAIGHT and BRADLEY , JJ . , concur . * Code Civ . Pro . § 3262. See also Higgins v ...
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54 Super affidavit affirmed alleged allowed amendment amount answer application attachment bill of particulars cause of action cited CITY COURT Civil Procedure claim Clark clerk Code Civ Code of Civil commitment complaint contempt costs counsel counter-claim county court court of appeals damages debtor December Decided defendant demurrer denied directed discharge district duly entitled ex rel execution facts favor fees granted Greenpoint Ferry guardian ad litem habeas corpus Hammondsport held indorsed infant issued judg judgment debtor jurisdiction jury justice lien Matter ment motion N. Y. Civ notice objection October offer of judgment paid party payment person plaint plaintiff plaintiff's attorney pleading precept premises proceedings provisions question recover reference rendered served sheriff special term statute subd summons SUPREME COURT thereafter therein thereof tion trial trustees verdict Weekly Dig writ York YORK COUNTY
Beliebte Passagen
Seite 275 - No. street in said city, as sureties, are held and firmly bound unto the People of the State of New York...
Seite 174 - ... and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Seite 219 - Upon such an application, the defendant must give an undertaking, with at least two sufficient sureties, to the effect that he will, on demand, pay to the plaintiff the amount of any judgment which may be recovered in the action against him, not exceeding a sum specified in the undertaking, with interest.
Seite 68 - Where the misconduct proved consists of an omission to perform an act or duty, which it is yet in the power of the offender to perform, he shall be imprisoned only until he has performed it, and paid the fine imposed.
Seite 398 - Ag-reementii between partie* or attorney» to be in writing. No private agreement or consent between the parties or their attorneys, in respect to the proceedings in a cause, shall be binding, unless the same »hall have been reduced to the form of an order by consent, and entered, or unless the evidence thereof shall be in writing, subscribed by the party against whom the same shall be alleged, or by his attorney or counsel.
Seite 173 - An action is commenced against a defendant, within the meaning of any provision of this act, which limits the time for commencing an action, when the summons is served on him : or, on a co-defendant who is a joint contractor, or otherwise united in interest with hini.
Seite 348 - Where security for costs is required to be given, the court in which the action is pending, or, except in a case specified in the last section, a judge thereof, upon due proof, by affidavit, of the facts, must make...
Seite 387 - A strict and literal interpretation is not always to be adhered to, and where the case is brought within the intention of the makers of the statute, it is within the statute, although, by a technical interpretation, it is not within its letter. It is the spirit and purpose of a statute which are to be regarded in its interpretation; and, if these find fair expression in the statute, it should be so construed as to carry out the legislative intent, even although such construction is contrary to the...
Seite 358 - The court may, in any case, direct a bill of the particulars of the claim of either party to be delivered to the adverse party.
Seite 386 - ... undivided interest therein, claiming it in fee or for life or for a term of years, not less than ten...