Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Trial of Impeachments and Correction of Errors in the State of New-York, Band 9Banks & Brothers, 1859 |
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action admitted adverse possession agreement ALBANY appear appellants Archer assumpsit attorney authority bill bond Cadiz cargo cause certiorari chancellor claim common law Conehey congress contract coram non judice costs Court of Chancery court of equity covenant Cowen creditors Curiam debt declaration deed defendant discharge dollars Duane emblements entitled equity ERROR evidence exclusive execution fact fendant freight granted ground habeas corpus heirs held injunction interest Isaac Teller issue Jackson Johns judge judgment jurisdiction jury justice land legislature lessor liable LIVINGSTON Lord Mansfield M'Conehey March master ment motion New-York nonsuit notice objection October opinion owner paid parol parties patent payment penalty person Pittstown plaintiff plaintiff in error plea pleaded Port Plata possession premises proved purchase question recover respondents rule sess sheriff ship statute suit tenant Term Rep Texel tiff tion trespass trial trustees verdict vessel Vide voyage witness writ Yates
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Seite 65 - ... therefore no male person born in this country, or brought from over sea, ought to be holden by law to serve any person as a servant, slave, or apprentice after he arrives to the age of twentyone years, nor female in like manner after she arrives to the age of eighteen years, unless they are bound by their own consent, after they arrive to such age, or bound by law for the payment of debts, damages, fines, costs, or the like.
Seite 482 - I will show you how the judges have heretofore allowed of monopoly patents — which is that when any man by his own energy and industry or by his own charge and industry, or by his own wit or invention doth bring any new trade into the realm, or any engine tending to the furtherance of a trade . . that never was used before, and that for the good of the realm...
Seite 50 - The question of damages was within the proper and peculiar province of the jury. It rested in their sound discretion, under all the circumstances of the case, and unless the damages are so outrageous as to strike every one with the enormity and injustice of them, and so as to induce the court to believe that the jury must have acted from prejudice, partiality or corruption, we cannot, consistently with the precedents, interfere with the verdict. It is not enough to say that in the opinion of the...
Seite 51 - The damages, therefore, must be so excessive as to strike mankind, at first blush, as being beyond all measure, unreasonable and outrageous, and such as manifestly show the jury to have been actuated by passion, partiality, prejudice, or corruption. In short, the damages must be flagrantly outrageous and extravagant, or the court cannot undertake to draw the line, for they have not standards by which to ascertain the excess.
Seite 186 - Hamilton in the case of The People v. Croswell, 3 John. Cas. 354, is drawn with the utmost precision. It is a censorious or ridiculing writing, picture, or sign, made with a mischievous and malicious intent towards government, magistrates, or individuals.
Seite 475 - That two supreme powers cannot act together is false. They are inconsistent only when they are aimed at each other, or at one indivisible object. The laws of the United States are supreme as to all their proper constitutional objects; the laws of the States are supreme in the same way. These supreme laws may act on different objects without clashing, or they may operate on different parts of the same common object with perfect harmony.
Seite 474 - Government may be re-assumed by the people, whensoever it shall become necessary to their happiness ; that every power, jurisdiction, and right, which is not by the said Constitution clearly delegated to the Congress of the United States, or the departments of the Government thereof, remains to the people of the several States, or to their respective State Governments, to whom they may have granted the same...
Seite 51 - ... the law has not laid down what shall be the measure of damages in actions of tort; the measure is vague and uncertain, depending upon a vast variety of causes, facts and circumstances...
Seite 480 - the national power will be fully satisfied if the property created by patent be, for the given time, enjoyed and used exclusively, so far as, under the laws of the several States, the property shall be deemed for toleration.
Seite 2 - BBOWN, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit : " Sertorius : or, the Roman Patriot.