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 ..., Том 19J.S. Voorhies, 1865 |
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Abbotts Addison affidavit affirmed alleged amended amount answer apply assessment assignment attachment attorney authority bail Barb Bosw cause of action certiorari charge choses in action claim clerk Code commenced complaint contract corporation costs counsel Court of Appeals court of equity Court of Sessions creditors damages debtor debts decision defendant defendant's demurrer discharge disorderly entitled equity evidence execution executor fact fendant filed firm fraud fraudulent granted habeas corpus innkeeper insolvent interest issued judge judgment jurisdiction jury justice liable lien ment mortgage motion N. Y. Superior Ct notice ordinance directed partner party payment person Persse & Brooks plaintiff pleaded proceedings question recover reference remittitur Samuel D security for costs sheriff special term Stat sufficient suit Supreme Court Supreme Ct surrogate thereof tiff tion trial verdict void Wend writ York Superior Court
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Страница 290 - 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. 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition.
Страница 356 - When any of the matters enumerated in section forty do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Страница 323 - ... it upon the other, or to do any other act, necessary to perfect the appeal, or to stay the execution of the judgment or order appealed from...
Страница 63 - ... at the expiration of the said term, or other determination of this lease, the said party of the second part will quit and surrender the premises hereby demised, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted...
Страница 359 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Страница 6 - Every executor and administrator must proceed with diligence to pay the debts of the deceased according to the following order: 1. Debts entitled to a preference under the laws of the United States. 2. Taxes assessed on the property of the deceased previous to his death.
Страница 86 - A judgment is the final determination of the rights of the parties in an action or proceeding.
Страница 4 - ... is, that it is not allowable to interpret what has no need of interpretation. When a deed is worded in clear and precise terms — when its meaning is evident and leads to no absurd conclusion — there can be no reason for refusing to admit the meaning which such deed naturally presents. To go elsewhere in search of conjectures, in order to restrict or extend it, is but an attempt to elude it. If this dangerous method be once admitted, there will be no deed which it will not render useless.
Страница 327 - ... .."When personal property is damaged, the assured shall forthwith cause it to be put in order, assorting and arranging the various articles, according to their kinds, separating the damaged from the undamaged, and shall cause an inventory to be made and furnished to the company of the whole, naming the quantity, quality, and cost of each article.
Страница 157 - ... so far as respects debts contracted subsequent to the passage of such law. Thirdly, but that a certificate of discharge under such a law cannot be pleaded in bar of an action brought by a citizen of another State in the courts of the United States, or of any other State than that where the discharge was obtained.