Practice Reports in the Supreme Court and Court of Appeals, 13±ÇJoel Munsell, 1857 |
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7 ÆäÀÌÁö
... creditor's suit , ( or bill , ) to reach equitable property , cannot be commenced until his remedy at law upon his judgment is exhausted - by the issuing of execution , and its return unsatisfied . But he is entitled , without the ...
... creditor's suit , ( or bill , ) to reach equitable property , cannot be commenced until his remedy at law upon his judgment is exhausted - by the issuing of execution , and its return unsatisfied . But he is entitled , without the ...
8 ÆäÀÌÁö
... creditor's suit , to reach equitable property , cannot be com- menced till the creditor has exhausted his remedy at law by the issuing of an execution to the proper county , and having the same duly returned unsatisfied . ( Child agt ...
... creditor's suit , to reach equitable property , cannot be com- menced till the creditor has exhausted his remedy at law by the issuing of an execution to the proper county , and having the same duly returned unsatisfied . ( Child agt ...
11 ÆäÀÌÁö
... creditors of the said Edward and Henry . The defendants in their first answer deny the fraud in the second they ... creditor has no right to redeem , although nothing was made to apply on his execution . And the defendants insist that ...
... creditors of the said Edward and Henry . The defendants in their first answer deny the fraud in the second they ... creditor has no right to redeem , although nothing was made to apply on his execution . And the defendants insist that ...
21 ÆäÀÌÁö
... creditor , which might have , in the meantime , attached . New - York Special Term , Oct. , 1855 . MOTION to set aside judgment on confession . HENRY D. TOWNSEND , for motion . WM . B. SMITH , opposed . ¡¤ CLERKE , Justice . I suppose it ...
... creditor , which might have , in the meantime , attached . New - York Special Term , Oct. , 1855 . MOTION to set aside judgment on confession . HENRY D. TOWNSEND , for motion . WM . B. SMITH , opposed . ¡¤ CLERKE , Justice . I suppose it ...
22 ÆäÀÌÁö
... rights of any judgment - creditors , which may have in the meantime attached . Let a similar order be entered in this case , without costs to either party . Becker agt . Lamont and others . SUPREME COURT . 22 NEW - YORK PRACTICE REPORTS ,
... rights of any judgment - creditors , which may have in the meantime attached . Let a similar order be entered in this case , without costs to either party . Becker agt . Lamont and others . SUPREME COURT . 22 NEW - YORK PRACTICE REPORTS ,
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affidavit alleged allowed amend amount answer application April 12 assessment assignment attachment attorney authority aver cause of action choses in action city of New-York claim clerk Code commenced common pleas complaint contract corporation counter-claim county judge court of appeals court of equity creditors Culver debt decision declares defendant defendant's demurrer denied entered entitled equity Erie Railroad Co evidence ex rel execution facts favor fendants filed foreclosure fraud granted ground Hammondsport held injunction intent issue judgment jurisdiction jury Justice lands legislature lien mandamus marine court matter ment mortgage motion to set New-Orleans New-York Special Term notice paid party payment person place of trial plaintiff pleading possession premises proceedings promissory note proper provisions purchase question receiver recover referee reference Rensselaer county residence Revised Statutes sheriff sold sufficient suit summons SUPREME COURT tion void Wend
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229 ÆäÀÌÁö - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
196 ÆäÀÌÁö - A judgment is the final determination of the rights of the parties in the action or proceeding, and may be entered in term or vacation.
187 ÆäÀÌÁö - When the certificate shall have been filed as aforesaid, the persons who shall have signed and acknowledged the same, and their successors, shall be a body politic and corporate, in fact and in name, by the name stated in such certificate...
249 ÆäÀÌÁö - 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.
208 ÆäÀÌÁö - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
181 ÆäÀÌÁö - An Act for rendering the Proceedings upon Writs of Mandamus and Informations in the nature of a Quo Warranto more speedy and effectual, and for the more easy trying and determining the Rights of Offices and Franchises in Corporations and Boroughs...
334 ÆäÀÌÁö - When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed.
161 ÆäÀÌÁö - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
207 ÆäÀÌÁö - The credit of the State shall not, in any manner, be given or loaned to, or in aid of, any individual, association or corporation.
565 ÆäÀÌÁö - The Legislature may, on application of the board of supervisors, provide for the election of local officers, not to exceed two in any county, to discharge the duties of county judge and of surrogate, in cases of their inability, or of a vacancy, and to exercise such other powers in special cases as may be provided by law.