Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Volume 39

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S.S. Peloubet, 1909 - Civil procedure

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Page 283 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 175 - The true test of the interest of a witness is that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action.
Page 12 - That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff...
Page 327 - W'.here the complaint demands judgment, that the defendant be excluded from a vested or contingent interest in or lien upon, specific real or personal property within the state; or that such an interest or lien in. favor of either party be enforced, regulated, defined, or limited; or otherwise affecting the title to such property.
Page 75 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, 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...
Page 346 - When there is reason to believe that an impartial trial cannot be had therein: 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 227 - A person who, with the intent to deprive or defraud the true owner of his property, or of the use and benefit thereof, or to appropriate the same to the use of the taker, or of any other person, either, 1.
Page 331 - In an action against a foreign or domestic corporation, to recover damages for the nonpayment of a promissory note, or other evidence of debt, for the absolute payment of money, upon demand, or at a particular time...
Page 104 - State, and forfeiting its corporate rights, privileges, and franchises, may be maintained as prescribed in the next section: 1. Where the corporation has remained insolvent for at least one year. 2. Where it has neglected or refused for at least one year to pay and discharge its notes or other evidences of debt. 3. Where it has suspended its ordinary and lawful business for at least one year.
Page 124 - The compensation of an attorney or counsellor for his services is governed by agreement, express or implied, which is not restrained by law.

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