Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York, Volumen67William Gould & Son, 1884 |
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Página 101
... Demurrer - Defect of parties - Improper joinder of actions – All tort feasors not necessary parties . The complaint alleged that A. delivered to B. jewelers ' sweepings worth $ 4,292 to be refined , for which refining A. was to receive ...
... Demurrer - Defect of parties - Improper joinder of actions – All tort feasors not necessary parties . The complaint alleged that A. delivered to B. jewelers ' sweepings worth $ 4,292 to be refined , for which refining A. was to receive ...
Página 102
... demurrer cannot be sustained ( Price agt . Brown , 10 Abb . N. C. , 67 , and cases cited ) . The aver- ment that the defendants especially assumed the liability to plaintiff's assignor brings this case clearly within the ruling of Burr ...
... demurrer cannot be sustained ( Price agt . Brown , 10 Abb . N. C. , 67 , and cases cited ) . The aver- ment that the defendants especially assumed the liability to plaintiff's assignor brings this case clearly within the ruling of Burr ...
Página 103
... demurrer should be overruled , with leave to answer on payment of costs . N. Y. COMMON PLEAS . GUSTAV HIRSCHBERG et al . , agt . WILLIAM B. DINSMORE , as president of the Adams Express Company . Common carriers - Their liability for non ...
... demurrer should be overruled , with leave to answer on payment of costs . N. Y. COMMON PLEAS . GUSTAV HIRSCHBERG et al . , agt . WILLIAM B. DINSMORE , as president of the Adams Express Company . Common carriers - Their liability for non ...
Página 151
... demurrer . The action was brought to recover specific personal property levied upon by a constable who had been indemnified and had filed the bond with the execution . The statute relied upon provided that in such case " the claim- ant ...
... demurrer . The action was brought to recover specific personal property levied upon by a constable who had been indemnified and had filed the bond with the execution . The statute relied upon provided that in such case " the claim- ant ...
Página 191
... demurrer will not be sustained on the ground that the court has not jurisdiction of the person of the defendant or of the subject of the action . A demurrer interposed to a complaint upon the ground that it does not state facts ...
... demurrer will not be sustained on the ground that the court has not jurisdiction of the person of the defendant or of the subject of the action . A demurrer interposed to a complaint upon the ground that it does not state facts ...
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Términos y frases comunes
act Laws affidavit alleged amended amount answer application appointed assessment assignment attachment attorney authority Bank agt Barb bonds cause of action certiorari chap charge Civil Procedure claim Code of Civil commissioners complaint contract conviction corporation costs counsel court of equity creditors debtor debts deceased decision defendant defendant's demurrer denied disbursements duty entitled evidence ex rel examination execution executors facts filed fraud fraudulent granted habeas corpus held husband issue judge judgment judgment debtor jurisdiction jury justice legislature liable lien LXVII Matter ment motion notice objection order of arrest owner party payment person plaintiff present proceedings question railroad reason receiver recover reference relator repealed Revised Statutes rule sheriff special term Spuyten Duyvil creek street SUPREME COURT surrogate taken testator testimony thereof tion Tonawanda railroad town of Rosendale trial trustees vacate verdict wife witnesses York
Pasajes populares
Página 231 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Página 294 - By marriage, the husband and wife are one person in law, that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband ; under whose wing, protection, and cover, she performs everything ; and is therefore called in our law French a.
Página 118 - ... if such a subscribing witness has forgotten the occurrence, or testifies against the execution of the will ; the will may nevertheless be established, upon proof of the handwriting of the testator, and of the subscribing witnesses, and also of such other circumstances as would be sufficient to prove the will upon the trial of an action.
Página 262 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense ; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
Página 205 - ... shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be thereafter contracted...
Página 266 - 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.
Página 28 - And if it be complained that by this inactivity of the Courts much injustice may be suffered, and much misery produced, the answer is, that Courts of Justice do not pretend to furnish cures for all the miseries of human life.
Página 140 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Página 140 - ... by the judgment, be made chargeable only upon the estate, fund, or party represented, unless the court shall direct the same to be paid by the plaintiff or defendant, personally, for mismanagement or bad faith in the action or defense.
Página 296 - A married woman may bargain, sell, assign and transfer her separate personal property, and carry on any trade or business, and perform any labor or services on her sole and separate account ; and the earnings of any married woman, from her trade, business, labor or services, shall be her sole and separate property, and may be used or invested by her in her own name...