Practice Reports in the Supreme Court and Court of Appeals, Volumen42Joel Munsell, 1871 |
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Términos y frases comunes
59 Barb adverse possession affidavit affirmed agent agreement alleged amount appeal apply assessment assignee attorney authority averment bank bankrupt bonds cause of action charge claim Code commissioners COMMON CARRIERS common law complaint contract corporation costs counsel county judge court of equity creditors damages debt deed default defendant defendant's delivered delivery Digest entitled equity Erie Railway evidence execution fact favor foreclosure fraud granted Held Huntley indorsement injunction intended interest issue judgment jury justice land Lansing liable libel lien ment mortgage motion negligence notice order of arrest owner paid parties payment person plaintiff pleaded possession preferred stock premises proceedings proof purchase question railroad real estate recover reference refused remittitur rendered rule sheriff sold special term statute statute of frauds stockholders supreme court thereof tiff tion trial trust usury vacancy vendor verdict Wend York
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Página 205 - Before issuing the writ. the clerk must require a written undertaking on the part of the plaintiff, in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Página 452 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Página 236 - If the directors of any such company shall declare and pay any dividend, when the company is insolvent, or any dividend the payment of which would render it insolvent, they shall be jointly and severally liable for all the debts of the company then existing...
Página 204 - If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made.— 1873-306.
Página 46 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.
Página 43 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Página 44 - Civil actions can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, except where, in special cases, a different limitation is prescribed by statute, and in the cases mentioned in section seventy-three.
Página 171 - ... or to defeat the object of, or in any way impair, hinder, impede, or delay the operation and effect of, or to evade any of the provisions of this act, the sale, assignment, transfer, or conveyance shall be void, and the assignee may recover the property or the value thereof as assets of the bankrupt.
Página 203 - An order for the arrest of the defendant must be obtained from a judge of the court in which the action is brought.
Página 638 - That all communications made by a client to his counsel, for the purpose of professional advice or assistance, are privileged, whether such advice relates to a suit pending, one contemplated, or to any other matter proper for such advice or aid ; that, where the communications FIFTH DEPARTMENT, DECEMBER TEKM, 1889.