The Practice in Civil Actions and Proceedings at Law in the State of New York: In the Supreme Court, and Other Courts of the State; and Also in the Courts of the United States, Seite 144,Band 1G. & C. & H. Carvill, 1830 |
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Seite 2
... debt , re- plevin , trespass , and trespass on the case . The action of detinue is abolished ; and the action of annuity is quite obsolete . Personal ac- tions . Scire facias . Remedies not called ac- tions . Practice in tions ; Scire ...
... debt , re- plevin , trespass , and trespass on the case . The action of detinue is abolished ; and the action of annuity is quite obsolete . Personal ac- tions . Scire facias . Remedies not called ac- tions . Practice in tions ; Scire ...
Seite 6
... debt would lie , it is permitted to state the promise and consideration in general terms in the declaration , and the action is called general as- sumpsit . Assumpsit may in all cases be special ; but where it is allowable the general ...
... debt would lie , it is permitted to state the promise and consideration in general terms in the declaration , and the action is called general as- sumpsit . Assumpsit may in all cases be special ; but where it is allowable the general ...
Seite 8
... debt , assumpsit will lie 28 and where a contract under seal has been put an end to , without the default of the plaintiff , he may recover back money paid in pursuance of it , in an action of assumpsit for money had and received.29 ...
... debt , assumpsit will lie 28 and where a contract under seal has been put an end to , without the default of the plaintiff , he may recover back money paid in pursuance of it , in an action of assumpsit for money had and received.29 ...
Seite 9
... debt , and not intended as a satisfaction or discharge of it , the plaintiff may maintain an action of assumpsit ... debt , or in an action of assumpsit ; and if it be a forfeiture of any property , it may be sued for and recovered in an ...
... debt , and not intended as a satisfaction or discharge of it , the plaintiff may maintain an action of assumpsit ... debt , or in an action of assumpsit ; and if it be a forfeiture of any property , it may be sued for and recovered in an ...
Seite 10
... debt.36 The penalty is sometimes given to the party grieved and sometimes On by - laws to a common informer.57 Debt also lies for forfeitures im- posed by the bye - laws and ordinances of a corporation . of corpora- tions . For escapes ...
... debt.36 The penalty is sometimes given to the party grieved and sometimes On by - laws to a common informer.57 Debt also lies for forfeitures im- posed by the bye - laws and ordinances of a corporation . of corpora- tions . For escapes ...
Inhalt
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447 | |
457 | |
468 | |
478 | |
506 | |
521 | |
131 | |
141 | |
175 | |
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217 | |
224 | |
236 | |
247 | |
255 | |
319 | |
349 | |
356 | |
393 | |
543 | |
553 | |
568 | |
587 | |
595 | |
603 | |
615 | |
629 | |
637 | |
639 | |
647 | |
659 | |
Andere Ausgaben - Alle anzeigen
The Practice in Civil Actions and Proceedings at Law in the State of New ... William Duer Keine Leseprobe verfügbar - 2015 |
The Practice in Civil Actions and Proceedings at Law in the State of New ... Elijah Paine,William Duer Keine Leseprobe verfügbar - 2015 |
Häufige Begriffe und Wortgruppen
15 Johns affidavit allowed amend appear appellate apply appointed arrest assumpsit attorney authorised bail bill bond brought Caines capias cause of action Chit circuit court circuit judge clerk commenced commissioners common law common pleas contract coroner costs court of common Cowen Cranch damages debt debtor declaration default defendant demurrer district court duty East's Rep entered entitled ex delicto execution executors or administrators filed grant habeas corpus held issue judgment judiciary act JURISDIC jurisdiction jurors jury justice latitat liable mandamus ment nolle prosequi nonsuit notice original writ party person plaintiff plea in abatement plead Prac Pract practice proceedings Raym record recover replevin revised statutes rule Salk Saund scire facias sheriff sued suit supreme court Taunt Term Rep thereof Tidd tion trespass trial United verdict vide Wheat witness writ of error
Beliebte Passagen
Seite 283 - That all the before-mentioned courts of the United States, shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Seite 334 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Seite 256 - The circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and arising under the Constitution or laws of the United States...
Seite 11 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Seite 243 - And shall also have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the Sea by Vessels of ten or more tons burthen, within their respective districts as well as upon the high seas.
Seite 176 - I do solemnly swear, (or affirm, as the case may be,) that I will support the constitution of the United States, .and the constitution of the State of New- York; and that I will faithfully discharge the duties of the office of according to the best of my ability.
Seite 256 - ... nor shall any district or circuit court have cognizance of any suit to recover the contents of any promissory note or other chose in action in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Seite 334 - States, and the decision is against their validity, or where is drawn in question the validity of a statute of, or an authority exercised under any State on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of their validity...
Seite 341 - It is the essential criterion of appellate jurisdiction, that it revises and corrects the proceedings in a cause already instituted, and does not create that case.
Seite 282 - All of the said courts shall have power to grant new trials, in cases where there has been a trial by jury, for reasons for which new trials have usually been granted in the courts of law.