Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York, Volumen54William Gould & Son, 1878 |
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Página 12
... damages relating to the sub - con- tract . They must be examined into before a referee , and could not be before a jury . II . The issue set forth in the moving papers , and relating to fraud , cannot determine the question of a ...
... damages relating to the sub - con- tract . They must be examined into before a referee , and could not be before a jury . II . The issue set forth in the moving papers , and relating to fraud , cannot determine the question of a ...
Página 35
... damages to be recovered " ( 3 R. S. , 37 , sec . 20 ; 1 Rev. Laws , p . 444 , sec . 31 ) . The action only exists by virtue of the statute ; no such action lay at common law ;. therefore , ( 1 ) it must be based on an agreement not made ...
... damages to be recovered " ( 3 R. S. , 37 , sec . 20 ; 1 Rev. Laws , p . 444 , sec . 31 ) . The action only exists by virtue of the statute ; no such action lay at common law ;. therefore , ( 1 ) it must be based on an agreement not made ...
Página 51
... damages . In the opinion the court say that the plaintiff is entitled to recover certain sums unpaid on the contract . The city noticed the case for trial at the trial term , and moved the court at special term for an order restoring ...
... damages . In the opinion the court say that the plaintiff is entitled to recover certain sums unpaid on the contract . The city noticed the case for trial at the trial term , and moved the court at special term for an order restoring ...
Página 52
... damages based upon the evidence , by compelling him to accept a form of trial wherein he would be obliged to accept a result reached , not upon a deliberate consideration of the evidence , but based upon a guess as to what amount of damages ...
... damages based upon the evidence , by compelling him to accept a form of trial wherein he would be obliged to accept a result reached , not upon a deliberate consideration of the evidence , but based upon a guess as to what amount of damages ...
Página 78
... damages for the non - performance of any contract . " By the very comprehensive language of this sec- tion , imprisonment for debt was abolished in those cases , and none others ( except in the cases mentioned in the other pro- visions ...
... damages for the non - performance of any contract . " By the very comprehensive language of this sec- tion , imprisonment for debt was abolished in those cases , and none others ( except in the cases mentioned in the other pro- visions ...
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Términos y frases comunes
affidavit agreement alleged allowed amended Amoskeag amount answer ante applied appointed assignment attorney Bleecker Street bonds brought cause of action chapter Civil Procedure claim Code of Civil commenced commissioners complaint contract conveyance corporation costs counsel court of equity creditors damages debt debtor deed defendant defendant's denied Devlin agt Digest entitled equity evidence ex rel examination execution fact foreclosure fraud fraudulent Fulton Ferry granted ground Held husband issue judge judgment judgment debtor jurisdiction jury lease liable lien Mayor mechanic's lien ment mortgage motion order of arrest order of reference owner paid party payment person plaintiff plaintiff in error pleadings premises proceedings proceeds provisional remedy provisions purchaser question Railroad Company real estate received recover referee replevin reversal sheriff special term statute street SUPREME COURT therein thereof tion trial trust Twenty-third Street Railway vacate wife York
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Página 359 - A tenement-house within the meaning of this title shall be taken to mean and include any house or building, or portion thereof, which is rented, leased, let or hired out, to be occupied, or is occupied as the home or residence of three families or more living independently of each other, and doing their cooking upon the premises, or by more than two families upon any floor, so living and cooking, but having a common right in the halls, stairways, yards, water-closets or privies, or some of them.
Página 80 - A party or a witness, examined in a special proceeding, authorized by this article is not excused from answering a question, on the ground that his examination will tend to convict him of the commission of a fraud...
Página 557 - But a cause of forfeiture cannot be taken advantage of or enforced against a corporation collaterally, or incidentally, or in any other mode than by a direct proceeding for that purpose against the corporation...
Página 141 - An issue of law, in any action, and an issue of fact in an action not specified in the last section, or wherein provision for a trial by a jury is not expressly made by law, must be tried by the court, unless a reference or a jury trial is directed.
Página 176 - No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.
Página 99 - State; or, except to stay proceedings after verdict, report, or decision, by a justice of the supreme court, or by the county judge, of the county where the action is triable, or in which the attorney for the applicant resides.
Página 638 - Angeles contended that the complaint did not state facts constituting a cause of action, in that...
Página 403 - Provided, That the court having charge of the estate of any bankrupt may direct that any of the legal assets or debts of the bankrupt, as contradistinguished from equitable demands, shall, when such debt does not exceed five hundred dollars, be collected in the courts of the state where such bankrupt resides having jurisdiction of claims of such nature and amount.
Página 148 - The liability of the owner of any vessel for any embezzlement, loss or destruction by any person of any property, goods or merchandise, shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel and her freight then pending.
Página 335 - ... or unto the bearer, any sum of money therein mentioned, shall be due and payable as therein expressed, and shall have the same effect and be negotiable in like manner as inland bills of exchange, according to the custom of merchants.