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administrator affidavit affirmed alleged allowed amount answer appeal application assignment attachment attorney authority Bank bond brought cause of action charge Civil Procedure claim Code of Civil commenced complaint contract corporation costs counsel court creditors debts deceased Decided decision decree defendant demand denied determined direct effect entered entitled evidence examination exception execution executor existence facts follows further Garrison give given granted ground held injunction intent interest issued January judge judgment jurisdiction jury justice knowledge March Marie matter ment motion N. Y. Civ objection officer opinion paid party payment person plaintiff present proceedings proof provides question reason received recover referred rendered respect respondent rule served sheriff special term statement statute sufficient suit superior SUPREME COURT taken term thereof tion trial vacate York
Page 293 - 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 174 - that the laws of the several states, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.
Page 174 - States, in cases where they apply;" and § 914 declares that "the practice, pleadings and forms^ and modes of proceeding in civil causes, other than equity and admiralty causes, in the Circuit and District Courts, shall conform; as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time in like causes in the courts of record of the State within which such Circuit or District Courts are held, any rule of court to the contrary notwithstanding.
Page 106 - Ganzle, being duly sworn, says : That he is the petitioner in the above entitled application, that he has read the foregoing petition and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, he believes it to be true.
Page 176 - ... in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them...
Page 113 - ... may be awarded to any party, in the discretion of the court, at the rates allowed for similar services, in an action brought in the same court, or an appeal from a judgment taken to the same court, and in like manner.
Page 396 - State, or in a case specified in subdivision fourth, fifth, or seventh of the last section, that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons.
Page 277 - ... or otherwise, as the case requires, to the time when the claim to that relief is actually interposed by the party, as a plaintiff or a defendant, in the particular action or special proceeding.
Page 290 - If the action is to recover damages for breach of contract, the affidavit must show that the plaintiff is entitled to recover a sum stated therein, over and above all counterclaims known to him. 2. That the defendant is either a foreign corporation or not a resident of the state; or, if...
Page 19 - ... restraining the commission or continuance of an act, the commission or continuance of which, during the pendency of the action, would produce injury to the plaintiff, an injunction order may be granted to restrain it. The case, provided for in this section, is described in this act, as a case, where the right to an injunction depends upon the nature of the action.