Reports of Practice Cases, Determined in the Courts of the State of New York: With a Digest of All Points of Practice Embraced in the Standard New York Reports ..., Volume 13
J.S. Voorhies, 1868 - Civil procedure
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34 Barb Abbotts affidavit affirmed alleged amended amount answer appeal application April 23 assignment attachment attorney authority averment Bates Bosw cause of action certiorari charge claim Code commenced complaint contempt contract corporation costs court of equity creditors damages debt debtor decision defendant defendant's demurrer denied discharge Disosway Elizabethport entitled equity evidence execution executor facts fendant foreclosure fraud granted habeas corpus held Holmes indorsed injunction issued judge judgment jurisdiction jury justice lease levy liable lien mandamus ment mortgage motion N. Y. Superior Ct notice officer owner paid party payment person plaintiff pleading possession premises proceedings proof provisional remedy provisions question receiver recover referee remedy rule security for costs sheriff special term Stat statute sufficient suit Supreme Court Supreme Ct sureties testator thereof tion trial trustees usury Wend witness writ York
Page 229 - SEC. 24. No stockholder shall be personally liable for the payment of any debt contracted by any company formed under this act, which is not to be paid within one year from the time the debt is contracted, nor unless a suit for the collection, of such debt shall be brought against such company, within one year after the debt shall become due...
Page 362 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 270 - Within twenty days after a pleading, or the answer or demurrer thereto, is served, or at any time before the period for answering it expires, the pleading may be once amended by the party, of course, without costs, and without prejudice to the proceedings already had.
Page 423 - ... sections 195 and 196, within ten days thereafter, the appeal shall be regarded as if no undertaking had been given.
Page 109 - The affidavit may also be made by the agent or attorney-, if the action or defence be founded upon a written instrument for the payment of money only, and such instrument be in the possession of the agent or attorney, or if all the material allegations of the pleading be within the personal knowledge of the agent or attorney.
Page 380 - He shall settle and adjust all claims in favor of or against the corporation, and all accounts in which the corporation is concerned as debtor or creditor...
Page 140 - I take the effect of repealing a statute to be. to obliterate it as completely from the records of the Parliament as if it had never been passed ; and it must be considered as a law that never existed, except for the purpose of those actions which were commenced, prosecuted, and concluded whilst it was an existing law
Page 410 - If it appears on the return of the writ that the prisoner is in custody by virtue of process from any court of this state, or judge or officer thereof, such prisoner may be discharged in any of the following cases, subject to the restrictions of the last section: 1. When the jurisdiction of such court or officer has been exceeded; 2. When the imprisonment was at first lawful, yet...
Page 107 - Angeles, ss. being duly sworn, says: That he is the applicant in the foregoing application, that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.