Reports of Cases Decided in the Court of Appeals of the State of New York, Volumen94New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Edmund Hamilton Smith, Louis J. Rezzemini, Alvah S. Newcomb, Edwin Augustus Bedell, James Newton Fiero Lawyers Co-operative Publishing Company, 1884 |
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Página 25
... tion that the first cause of action pleaded was in tort , while the second was on contract , and so there was a misjoinder of causes of action . The General Term sustained the objection . It is now claimed that both counts were on ...
... tion that the first cause of action pleaded was in tort , while the second was on contract , and so there was a misjoinder of causes of action . The General Term sustained the objection . It is now claimed that both counts were on ...
Página 32
... tion , it is prima facie evidence of the existence of those facts . Rockwell v . Merwin ( 45 N. Y. 166 ) , Dubois v . Cassidy ( 75 id . 298 ) . Sackett v . Newton ( 10 How . Pr . 561 ) , distinguished . Statement of case . It seems that ...
... tion , it is prima facie evidence of the existence of those facts . Rockwell v . Merwin ( 45 N. Y. 166 ) , Dubois v . Cassidy ( 75 id . 298 ) . Sackett v . Newton ( 10 How . Pr . 561 ) , distinguished . Statement of case . It seems that ...
Página 42
... tion . Such an action he is authorized to bring and maintain . ( Porter v . Williams , 9 N. Y. 142. ) Actions for a similar pur- pose could as well have been brought and maintained by the plaintiffs in the several judgments in their ...
... tion . Such an action he is authorized to bring and maintain . ( Porter v . Williams , 9 N. Y. 142. ) Actions for a similar pur- pose could as well have been brought and maintained by the plaintiffs in the several judgments in their ...
Página 46
... tion as to whether the issue and return of an execution nulla bona was a condition to the maintenance of a creditor's bill by a receiver . Considered in the light of the views we have expressed we think the several orders appointing the ...
... tion as to whether the issue and return of an execution nulla bona was a condition to the maintenance of a creditor's bill by a receiver . Considered in the light of the views we have expressed we think the several orders appointing the ...
Página 47
... tion in a direct proceeding to set it aside . ( Abels v . Westervelt , 15 Abb . Pr . 230 ; Kimball v . Munger , 2 Hill , 364 ; Dominick v . Eacker , 3 Barb . 18 ; Berry v . Riley , 2 id .. 308 ; Kelly Opinion of the Court , per RUGER ...
... tion in a direct proceeding to set it aside . ( Abels v . Westervelt , 15 Abb . Pr . 230 ; Kimball v . Munger , 2 Hill , 364 ; Dominick v . Eacker , 3 Barb . 18 ; Berry v . Riley , 2 id .. 308 ; Kelly Opinion of the Court , per RUGER ...
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Términos y frases comunes
adverse possession agreement alleged amount APPEAL from judgment appellant appointed Argued assignment authority bank Barb cause of action chap charge Civil Procedure claim Code of Civil commissioner complaint concur contract conveyance corporation court court of equity creditor damages debt debtor December 11 deed defendant defendant's Denio entitled equity evidence ex rel execution facts FINCH foreclosure gage George Lott granted grantor ground held interest January 15 January 29 Johns Judgment affirmed judicial department jury land liability lien ment MILLER mortgage motion November 20 Opinion owner paid Paige parties payment person plaintiff possession premises proceedings proof provision purchase question RAPALLO receiver recover reference respondent RUGER Sandf SICKELS VOL Smith Special Term Statement statute sufficient sureties surrogate testator therein thereof tion town trial trustee usury valid Weekly Dig Wend XLIX York
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Página 291 - On the hearing of such appeal, the court may direct a new appraisal before the same or new commissioners in its discretion ; the second report shall be final and conclusive on all the parties interested.
Página 345 - In such other cases as are now provided by law, or may be in accordance with the existing practice, except as otherwise provided in this act.
Página 609 - December 12, 1882, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was upon a bond executed by defendant to plaintiffs
Página 547 - Administration in case of intestacy must be granted to the relatives of the deceased entitled to succeed to his personal property, who will accept the same, in. the following order: 1. To the surviving husband or wife. 2. To the children. 3. To the father.
Página 38 - Where a grant for a valuable consideration shall be made' to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.
Página 346 - Each of those courts shall continue to exercise the jurisdiction and powers now vested in it by law, according to the course and practice of the court, except as otherwise prescribed in this act.
Página 587 - Compensation of receivers; division in certain cases. — § 2. Every receiver shall be allowed to receive, as compensation for his services as such receiver, five per centum for the first one hundred thousand dollars...
Página 567 - Appeal from order of the General Term of the Supreme Court in the third judicial department...
Página 400 - ... has a lien upon the same for the work or labor done or materials furnished by each, respectively, whether done or furnished at the instance of the owner of the building or other improvement, or his agent...
Página 608 - ... rests in the sound discretion of the court, in view of all the facts and circumstances...