Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volum 46 |
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Side 3
... rule was announced , in 1807 , by the supreme court of this State , in these words : " That a personal action once suspended , by the voluntary act of the party entitled to it , is forever gone and discharged , is a rule as well settled ...
... rule was announced , in 1807 , by the supreme court of this State , in these words : " That a personal action once suspended , by the voluntary act of the party entitled to it , is forever gone and discharged , is a rule as well settled ...
Side 4
... rule was applied , in 1853 , by the Supreme Court , in the Seventh District , Monroe General Term . There , a canal boat was the fund for the payment of notes ; and the plaintiff became assignee of both the boat and notes . The notes ...
... rule was applied , in 1853 , by the Supreme Court , in the Seventh District , Monroe General Term . There , a canal boat was the fund for the payment of notes ; and the plaintiff became assignee of both the boat and notes . The notes ...
Side 23
... Rule 30. By force of the rule itself the report becomes ab- solute and confirmed , unless exceptions thereto are filed and served within eight days after service of notice of filing the report . No order of confirmation , either upon ...
... Rule 30. By force of the rule itself the report becomes ab- solute and confirmed , unless exceptions thereto are filed and served within eight days after service of notice of filing the report . No order of confirmation , either upon ...
Side 26
... Rule 30 does not apply to the report of the referee in this case at all , and the judge at special term should have heard the motion on the merits . a . This refer- ence was like one to take testimony and report with opinion , and on ...
... Rule 30 does not apply to the report of the referee in this case at all , and the judge at special term should have heard the motion on the merits . a . This refer- ence was like one to take testimony and report with opinion , and on ...
Side 29
... Rule 30 of the supreme court , in terms , says , that " the report shall become absolute , and in all things confirmed " notwithstand- ing error appear upon the face of the referee's report . Respondent's Points . ( Opinion by DANIELS ...
... Rule 30 of the supreme court , in terms , says , that " the report shall become absolute , and in all things confirmed " notwithstand- ing error appear upon the face of the referee's report . Respondent's Points . ( Opinion by DANIELS ...
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adverse possession affirmed agreement alleged amount answer Appellant's Points assignment attorney authority bail Barb barratry Bruff cause of action charge Civil Procedure claim Code complaint concurred contract corporation costs counsel court of appeals court of equity creditors CURTIS damages David Wagstaff debt Decided deed defendant defendant's demurrer discharge duty entered entitled equity evidence exceptions executed facts fendant filed firm granted Hauselt held indorsed injunction injury insured interest John judge June 18 jurisdiction jury land liable ment mortgage motion negligence notice nunc pro tunc order appealed order denying owner parties payment person plaint plaintiff proceedings proof question R. R. Co railroad company Rancke recover reference respondent Respondent's Points Russell & Erwin security for costs SEDGWICK and FREEDMAN sheriff special term SPEIR Statement statute street taken testimony thereof tion trial trust verdict Wend wire gauze York
Populære avsnitt
Side 165 - So great moreover is the regard of the law for private property, that it will not authorize the least violation of it ; no, not even for the general good of the whole community.
Side 406 - Personal service of the summons, upon a defendant, being a foreign corporation, must be made by delivering a copy thereof, within the State, as follows : 1. To the president, treasurer, or secretary ; or, if the corporation lacks either of those officers, to the officer preforming corresponding functions, under another name.
Side 434 - ... of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Side 434 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes, that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Side 142 - It denotes a right * * * over a determinate thing." "Property is the right of any person to possess, use, enjoy, and dispose of a thing.
Side 183 - ... shall not be examined as a witness in his own behalf or interest, or in behalf of the party succeeding to his title or interest...
Side 452 - In case any passenger on any railroad shall be injured while •on the platform of a car, or on any baggage, wood, or freight car, in violation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger cars then in the train, such company shall not be liable for the injury; provided said company at the time furnished room inside its passenger cars sufficient for the proper accommodation of the passengers.
Side 426 - It is here undoubtedly a recognized doctrine that a court of equity, sitting in a State and having jurisdiction of the person, may decree a conveyance by him of land in another State, and Bee 4 OTTO. US BOOK 24. may enforce the decree by process against the defendant.
Side 193 - Nothing is more settled than that, under such circumstances, what may have been advanced by one partner, or received by another, can only constitute items in the account There may be losses, the particular partner's share of which may be more than sufficient to exhaust what he has advanced, or profits more than equal to what the other has received ; and until the amount of such profit and loss be ascertained by the winding up of the partnership affairs, neither partner has any remedy against, or...
Side 109 - ... judgmentroll, and of the case or notice of exceptions, if any, filed, as prescribed by law or the general rules of practice, after the entry of the judgment, and either before or after the appeal is taken.