Reports of Practice Cases, Determined in the Courts of the State of New York: With a Digest of All Points of Practice Embraced in the Standard New York Reports ..., Volume 4
J.S. Voorhies, 1857
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affidavit alleged allowed amended amount answer appeal application appointed assigned attachment authority averment bill Board brought cause of action charge claim clerk Code commenced Common Company complaint contract corporation costs counsel creditors damages debt decision deed defendant delivered demand demurrer denied direct effect entered entitled evidence examination exception execution existing facts filed further give given granted ground held injunction intended interest issue John judge judgment jurisdiction justice lien March matter meaning ment mortgage motion necessary notice objection obtained opinion paid party payment person plaintiff pleading possession premises present proceedings proof proper provisions question reason received recover reference relief rendered respect rule served special term statute sufficient suit Supreme Court sustained taken tion trial whole witness York
Página 176 - 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.
Página 164 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Página 232 - 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.
Página 284 - If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same .by affidavits or other evidence, in addition to those on which the injunction was granted.
Página 96 - 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.
Página 351 - ... the defendant against whom publication is ordered, or his representatives, may, in like manner, upon good cause shown, be allowed to defend after judgment, or at any time within one year after notice thereof, and within seven years after its rendition, on such terms as may be just...
Página 104 - When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; or in concealing or disposing of the property for the taking, detention, or conversion, of which the action is brought. 5. When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors.
Página 254 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Página 93 - If the witness be not personally served the court may, by a rule, order him to show cause why an attachment should not issue against him.
Página 252 - When the answer of the defendant expressly, or by not denying, admits part of the plaintiff's claim to be just, the court, on motion, may order such defendant to satisfy that part of the claim, and may enforce the order as it enforces a judgment or provisional remedy.