New Cases: Selected Chiefly from Decisions of the Courts of the State of New York, 28권Ward & Peloubet, 1892 |
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16 Daly action was brought affidavit affirmed agreement alleged amount applied assignment attachment attorney Bank Bloomingdale breach cause of action city court Civil Procedure claim co-partners co-partnership Code Civ common law complaint contract conveyance corporation costs court of appeals court of equity creditors damages debt debtor deed defendant defendant's demurrer dower easement entitled entry equity evidence execution executor facts firm Gilman granted grantor guardian ad litem held highway husband interest issue John Emmons judgment jurisdiction jury land liability lien loan ment mortgage motion N. Y. Supp opinion owner paid partnership party payment person plaint plaintiff pleading possession premises proof question received recover reference replevin reversed rule Smith special partner Special Term statute supreme court surrogate surrogate's court tenants testator testimony thereof tion trial trust Weekly Dig Wend wife witness
인기 인용구
355 페이지 - ... and to authorize such receivers to raise money necessary for the preservation and management of the property, and make the same chargeable as a lien thereon for its repayment, cannot at this day be seriously disputed. It is a part of that jurisdiction, always exercised by the court, by which it is its duty to protect and preserve the trust funds in its hands. It is, undoubtedly, a power to be exercised with great caution, and, if possible, with the consent or acquiescence of the parties interested...
212 페이지 - Upon the trial of an action or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through or under whom such a party or interested person derives his interest or title by assignment or otherwise, shall not be examined as a witness in his own behalf or interest, or in behalf of the party succeeding to his title or interest...
270 페이지 - When the right to arrest depends upon the nature of the action. A defendant may be arrested in an action, as prescribed in this title, where the action is brought for either of the following causes: 1. To recover a fine or penalty. 2. To recover damages for a personal injury; an injury to property, including the wrongful taking, detention or conversion of personal property...
152 페이지 - The plaintiff declared as payee, against the defendants as acceptors. The declaration also contained counts for money had and received by the defendants to the use of the plaintiff, for money paid by the plaintiff to the use of the defendants, on an account stated, and for interest.
3 페이지 - ... he may apply, upon notice, to the court, for an order directing all the questions, arising upon those issues, to be distinctly and plainly stated for trial accordingly. Upon the hearing of the application, the court must cause the issues to the trial of which, by a jury, the party is entitled, to be distinctly and plainly stated. The subsequent proceedings are the...
2 페이지 - Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
79 페이지 - No question is raised but that the evidence was sufficient to take the case to the jury on the question of...
354 페이지 - The power rests upon the fact, that in the administration of the affairs of the company the mortgage creditors have got possession of that which in equity belonged to the whole or a part of the general creditors. Whatever is done, therefore, must be with a view to a restoration by the mortgage creditors of that which they have thus inequitably obtained.
355 페이지 - The power of a court of equity to appoint managing receivers of such property as a railroad, when taken under its charge as a trust fund for the payment of incumbrances, and to authorize such receivers to raise money necessary for the preservation and management of the property, and make the same chargeable as a lien thereon fofr its repayment, cannot at this day be seriously disputed.
213 페이지 - ... or the committee of a lunatic, or a person deriving his title or interest from, through or under a deceased person or lunatic, by assignment or otherwise, concerning a personal transaction or communication between the witness and the deceased person or lunatic, except where the executor, administrator, survivor, committee or person so deriving title or interest is examined in his own behalf, or the testimony of the lunatic or deceased person is given in evidence, concerning the same transaction...