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accounting action affidavit alleged allowed amount answer appeal application appointment arrest attachment attorney authority Bank bond brought cause of action charges Civil Procedure claim Cobb Code of Civil complaint considered contract corporation costs court creditors damages debt Decided defendant denied directed discharge effect entered entitled Estate evidence examination execution executors facts favor further given granted ground held intent interest issued judge judgment jurisdiction jury justice liability Matter ment mortgage motion N. Y. Civ notice objection offer officer opinion paid party person plaintiff possession present principal proceedings purchase question reason receiver recover referred rendered respondent rule served sheriff Smith special term statute sufficient supreme court surety taken term tion tort trial Trust undertaking vacate void witness York
224 페이지 - ... a fair and just compensation for the pecuniary injuries, resulting, from the decedent's death, to the person or persons for whose benefit the action is brought.
87 페이지 - If. after the expiration of one year from the granting of letters testamentary, or letters of administration, an executor or administrator refuses, upon demand, to pay a legacy, or distributive share, the person entitled thereto may maintain such an action against him as the case requires. But for the purpose of computing the time within which such an action must be commenced, the cause of action is deemed to accrue when the executor's or administrator's account is judicially settled, and not before.
312 페이지 - To hold that by concealing a fraud, or by committing a fraud in a manner that it concealed itself until such time as the party committing the fraud could plead the statute of limitations to protect it, is to make the law which was designed to prevent fraud the means by which it is made successful and secure.
264 페이지 - Supervisors; (4) the name which is proposed for the district; and (5) the location of the principal office of the Supervisors of the district. The application shall be subscribed and sworn to by...
160 페이지 - 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.
395 페이지 - ... the judge to whom the order or warrant is returnable may make an order, appointing a receiver of the property of the judgment debtor. At least two days...
17 페이지 - The powers, conferred by this subdivision, must be exercised only in a like case and in the same manner, as a court of record and of general jurisdiction exercises the same powers. Upon an appeal from a determination of the surrogate, made upon an application pursuant to this subdivision, the general term of the supreme court has the same power as the surrogate; and his determination must be reviewed, as if an original application was made to that term.
290 페이지 - 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 ; 2.
264 페이지 - ... before an officer authorized by the laws of the state to take and certify the acknowledgment and proof of deeds to be recorded in...