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Practice Reports in the Supreme Court and Court of Appeals, Volum 38
Uten tilgangsbegrensning - 1870
Practice Reports in the Supreme Court and Court of Appeals, Volum 5
Nathan Howard,Rowland M Stover
Uten tilgangsbegrensning - 1851
Practice Reports in the Supreme Court and Court of Appeals, Volum 43
Uten tilgangsbegrensning - 1872
57 Barb affirmed agreement alimony alleged amended amount appeal application appointed assessment assessors assignment authority bankrupt Cattaraugus county cause of action charge charter City of Lockport claim coast pilot Code commissioners common carriers common law complaint constitution contract corporation costs counsel court of equity creditors damages debtor debts decision decree defendant defendant's demurrer Digest duty entitled equity evidence execution fact foreclosure fraud granted held indorsed issue judge judgment jurisdiction jury justice land Lansing lease legislature liable lien matter ment mortgage motion notice officer owner paid party payment person pilot plaintiff possession premises prisoner proceedings promissory note purchaser question railroad received recover reference rendered special term statute street suit supreme court testator thereof tiff tion trial Trinity church trust verdict vessel void warrant witness York
Side 128 - 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.
Side 214 - The court may, either before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved.
Side 55 - When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.
Side 14 - ... corrected and revised, or a new report to be made by them in the premises to the said court without unnecessary delay; and the same on being so returned shall be confirmed or again referred by the said court in manner aforesaid, as right and justice shall require, and so from time to time until a report shall be made or returned in the premises, which the said court shall wholly confirm, and such report, when so confirmed by the said court, shall, unless set aside or reversed on appeal, be final...
Side 20 - If a thing be ordered of a manufacturer for a special purpose, and it be supplied and sold for that purpose, there is an implied warranty that it is fit for that purpose. This principle * * * must be limited to •cases where a thing is ordered for a special purpose, and not applied to those where a special thing is ordered, although this be intended for a special purpose.
Side 230 - ... on a previous notice to the party to be examined, and any other adverse party, of at least five days, unless, for good cause shown, the judge order otherwise. But the party to be examined shall not be compelled to attend in any other county than that of his residence, or where he may be served with a summons for his attendance.
Side 410 - All persons whatsoever, residing in any State, District or Territory of the United States, owing debts, which shall not have been created in consequence of a defalcation as a public officer; or as executor, administrator, guardian or trustee, or while acting in any other fiduciary capacity...
Side 170 - Parties to suits, attorneys, counsellors, solicitors and all other persons, for the non-payment of any sum of money ordered by such court to be paid in cases where by law execution cannot be awarded for the collection of such sum ; and for any other disobedience to any lawful order, decree or process of such court: 4.
Side 310 - That he is the petitioner herein; that he has read the foregoing petition and knows the contents thereof, and' that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.