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 ..., 第 7 卷
J.S. Voorhies, 1859
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affidavit agreement alleged allowed amended amount answer appeal application arising attachment attorney authority Bank bill brought cause of action certificates charged claim Code Common complaint consent considered constitute contract corporation costs counsel counter-claim debt decision defendant demand demurrer denied directed District effect entered entitled equity evidence examination execution facts filed give given granted ground held indorser interest issued Johns judge judgment jurisdiction jury justice land matter Mayor means ment mortgage motion necessary notice objection officer opinion owner paid party payment person plaintiff pleadings possession present proceedings provisions purchase question reason received record recover reference refused relator rendered respect rule shares special term statute sufficient suit Supreme Court sustained taken term thereof tion transfer trial trust verdict witness York
第 261 頁 - 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.
第 389 頁 - 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.
第 223 頁 - 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.
第 257 頁 - 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.
第 439 頁 - ... 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...
第 130 頁 - ... actions at law and suits in equity and the forms of such actions and suits are prohibited by our constitution.
第 439 頁 - 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.
第 137 頁 - 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...
第 65 頁 - 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.