Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Volume 7S.S. Peloubet, 1885 |
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51 Super administrator affidavit affirmed alleged Allen amount answer application assignment attachment attorney Barb bond cause of action city court Civil Procedure claim Code of Civil commenced common pleas complaint contract corporation costs counsel counter-claims court of appeals court of common court of equity creditors debts deceased Decided decision decree defendant defendant's demurrer denial denied Edson entitled equity evidence execution executor facts Fitz John Porter fraudulent Garrison granted ground Hansee held Henlein injunction issued January judgment jurisdiction jury justice letters testamentary liability lien Marie party ment motion N. Y. Civ opinion payment person plaint plaintiff present proceedings proof prosecute provides provisional remedy question recover referred Roosevelt rule security for costs sheriff special term statute subd sufficient suit superior court SUPREME COURT surrogate surrogate's court testator thereof tion trial trustee vacate Weekly Dig York
Popular passages
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.