Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Volume 15S.S. Peloubet, 1889 |
Contents
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Common terms and phrases
action brought affidavit affirmed alleged amendment amount answer Appeal by defendant application attachment award Berdell bill of particulars Buffalo cause of action Civil Procedure claim Code Civ Code of Civil common law complaint concurred confession contract copy corporation counter-claim damages Decided June defendant-appellant defendant's delivered demand demurrer denied duly Eighme entitled Erie county evidence execution executor facts appear favor FIFTH DEPARTMENT filed Gideon Hard give security granted ground held husband issued judge judgment jurisdiction jury justice letters testamentary lien married woman ment mortgage N. Y. Civ non-resident notice offer of judgment opinion order appealed papers party payment person plaint plaintiff plaintiff-respondent plaintiff's attorney pleading possession proceedings provisions Quann question referee rendered RESPONDENT reversed rule security for costs served sheriff statute sufficient summons SUPREME COURT surrogate thereafter thereof tion trial Van Benthuysen verdict Weekly Dig wife YORK COUNTY
Popular passages
Page 305 - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Page 174 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 83 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Page 258 - 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.
Page 136 - It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof.
Page 234 - A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiffs claim, or connected with the subject of the action; 2.
Page 85 - ... in the county in which the cause of action or some part thereof, arose...
Page 156 - For it is not to be presumed that the Legislature intended to make any innovation upon the Common Law further than the case absolutely required.
Page 326 - Where it appears from the examination or testimony taken in a special proceeding authorized by this article that the judgment debtor has in his possession or under his control money or other personal property belonging to him...
Page 33 - Affidavit above referred to, but as and for damages alleged to have been suffered by the Plaintiff by reason of the sale and conveyance made by the Defendant to one W.