Howard's Practice Reports: Containing Cases Under the Code of Civil Procedure and the General Practice of the State of New York, Selected from Decisions of All the Courts, with Notes, Volume 1
W.C. Little & Company, 1885 - Civil procedure
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action affidavit alleged allowed amount answer appeal application appointed assignment attachment attorney authority bond brought cause of action charged cited Civil Procedure claim Code of Civil complaint contract corporation costs counsel creditors debts deceased decision decree defendant denied determine direct duty effect elected entered entitled evidence examination execution executors exist fact filed follows further give given granted ground held hold injunction intended interest issued judge judgment jurisdiction jury justice liable Matter ment motion necessary objection opinion paid party payment person plaintiff present proceedings proof question railroad reason received recover referred relating residence respect respondent rule served sheriff statement statute stay sufficient suit supreme court sureties surrogate taken term tion trial trustee undertaking United vacate witness York
Page 436 - 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 10 - States, may have become citizens of any one of the said states, under the laws thereof, being under the age of twenty-one years, at the time of the naturalization of their parents, shall, If dwelling In the United States, be considered as citizens of the United States...
Page 438 - ... in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them...
Page 455 - But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of onehalf in value of the property bounded on, and the consent also of the local authorities having control of that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 321 - 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.
Page 135 - By virtue of the final judgment or decree of a competent tribunal, of civil or criminal jurisdiction ; or the final order of such a tribunal, made in a special proceeding, instituted for any cause, except to punish him for a contempt; or by virtue of an execution or other process, issued upon such a judgment, decree, or final order.
Page 2 - ... 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.
Page 436 - In cases where they apply"; and also with section 914, providing 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 318 - ... 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 243 - ... 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.