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 7J.S. Voorhies, 1859 - Civil procedure |
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Common terms and phrases
affidavit alleged allowed amended amount answer appeal application assignment attorney authority averred Barb bill bona fide purchaser Cancemi cause of action certificates claim Code complaint consent contract corporation costs counsel counter-claim Court of Chancery court of equity creditors debt defendant defendant's demurrer denied entitled equity evidence examination execution facts fendants filed Fletcher Harper fraud fraudulent granted ground Haven R. R. held holders illegal indorser injunction interest issued James Ridgeway judge judgment judgment debtor jurisdiction jurors jury justice lien Lowber Mayor ment mortgage motion notice officer paid party payment person plaintiff plaintiff in error pleadings proceedings provisions purchase question recover reference security for costs sheriff Sixth Avenue Railroad special term statute sufficient suit Supreme Court thereof tiff tion transaction transfer trial trust usury verdict void Wend witness writ York
Popular passages
Page 261 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 394 - 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 389 - 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.
Page 223 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 257 - In actions in which the cause of action shall, by assignment after the commencement of the action, or in any other manner become the property of a person not a party to the action, such person shall be liable for the costs in the same manner as if he were a party, and payment thereof may be enforced by attachment.
Page 439 - ... or by an officer or agent of a corporation or banking association, in the course of his employment as such, or by any factor, agent, broker or other person in a fiduciary capacity, or for any misconduct or neglect in office, or in a professional employment. 3. In an action to recover the possession of personal property unjustly detained, where the property or any part thereof has been concealed, removed or disposed...
Page 130 - ... actions at law and suits in equity and the forms of such actions and suits are prohibited by our constitution.
Page 439 - In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied, or converted to his own use, by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity; or for misconduct or neglect in office, or in a professional employment, or for a willful violation of duty; 3.
Page 137 - The stocks which banking associations or individual bankers, now or hereafter to be organized under the provisions of the act, ' To authorize the business of banking...
Page 65 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of, 1. The same transaction or transactions connected with the same subject of action ; 2.