Reports of Cases in Law and Equity in the Supreme Court of the State of New YorkGould, Banks & Gould, 1876 |
Other editions - View all
Common terms and phrases
adverse possession affirmed agent agreed agreement alleged amount answer appear applied authority bank Barb boat brought canal cause of action charge common law complaint contract conveyance conveyed counter claim county court court of equity damages dant debtor deed defendant defendant's counsel delivered denied E. D. Smith entitled to recover equity evidence execution fact favor fendant FOURTH DEPARTMENT fraud fraudulent Frederick Lansing given grant held injury judge judgment jury Justices land Lewis county liable ment mortgage motion Mullin negligence nonsuit objection Oneida county Oswego County owner paid parties payment person plaintiff plaintiffs in error possession premises proceedings proof proved provisions purchase question received referee refused rendered representation Sardam sheriff sheriff's deed sold Special Term statute suit supervisor Talcott and E. D. testator testatrix testified thereof tiff tion town trial trustees verdict warranty Wend witness
Popular passages
Page 405 - And in cases of such violation, every director who participated in or assented to the same shall be held liable in his personal and individual capacity for all damages which the association, its shareholders, or any other person, shall have sustained in consequence of such violation.
Page 13 - The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated...
Page 12 - By multifariousness, in a bill, is meant the improperly joining in one bill distinct and independent matters and thereby confounding them ; as, for example, the uniting in one bill of several matters perfectly distinct and unconnected, against one defendant, or the demand of several matters of a distinct and independent nature against several defendants, in the same bill.
Page 153 - If all the defendants have been served, judgment may be taken against any or either of them severally, when the plaintiff would be entitled to judgment against such defendant or defendants if the action had been against them or any of them alone.
Page 266 - The testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare the instrument so subscribed, to be his last will and testament : 4.
Page 319 - There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator.
Page 524 - The defendant may, at any time before the trial or judgment, serve upon the plaintiff an offer to allow judgment to be taken against him for the sum or property, or to the effect therein specified.
Page 13 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of, 1.
Page 265 - Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him, to have been so made, to each of the attesting witnesses.
Page 71 - The board is required to compare such accounts with the entries in the book ; examine the vouchers, and audit and settle the same ; and state the balance due from such overseers, or to them, as the case may be. No credit shall be allowed to any overseer for moneys paid, unless it shall appear that such payment was made pursuant to a legal order.