Practice Reports in the Supreme Court and Court of Appeals, Band 12Joel Munsell, 1856 |
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Seite 25
... issue , unless it appears that the action was one in which the defendant might have been arrested . And this applies to actions commenced and judgments originally rendered in a justice's court , where transcripts have been filed in the ...
... issue , unless it appears that the action was one in which the defendant might have been arrested . And this applies to actions commenced and judgments originally rendered in a justice's court , where transcripts have been filed in the ...
Seite 26
... issue of law . It is not the trial of an issue . Monroe General Term , Dec. , 1855 . Johnson , SeldeN and WELLES , Justices . APPEAL from order of special term denying motion for re - ad- justment of costs . The complaint was on a ...
... issue of law . It is not the trial of an issue . Monroe General Term , Dec. , 1855 . Johnson , SeldeN and WELLES , Justices . APPEAL from order of special term denying motion for re - ad- justment of costs . The complaint was on a ...
Seite 27
... issues between the parties , whether they be issues of law or of fact . ( § 252. ) An issue of law must be tried by the court , unless it be referred , & c . , ( § 253 , ) and must be tried at a circuit court , or special term , & c ...
... issues between the parties , whether they be issues of law or of fact . ( § 252. ) An issue of law must be tried by the court , unless it be referred , & c . , ( § 253 , ) and must be tried at a circuit court , or special term , & c ...
Seite 28
Nathan Howard (Jr.) Waller agt . Raskan . issue , so that the party may have the judgment , to which , but for such frivolous pleading , he would have been entitled . 2. The application may be made upon a notice of five days , whereas a ...
Nathan Howard (Jr.) Waller agt . Raskan . issue , so that the party may have the judgment , to which , but for such frivolous pleading , he would have been entitled . 2. The application may be made upon a notice of five days , whereas a ...
Seite 38
... issue any alle- gation of a complaint when he had no knowledge or informa- tion as to its truth , by stating such ignorance . The defendant who has answered , if he did not in fact know whether his part- ner or his clerks had purchased ...
... issue any alle- gation of a complaint when he had no knowledge or informa- tion as to its truth , by stating such ignorance . The defendant who has answered , if he did not in fact know whether his part- ner or his clerks had purchased ...
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Häufige Begriffe und Wortgruppen
affidavit alleged allowed amend amount answer appear application appointed assessment assignment assignor attorney authority bail cause of action claim clerk Code commenced commissioners common law complaint confession of judgment constitution contract corporation costs counsel creditors debt debtor decision declared defendant defendant's demurrer denied duty entitled equitable exceptions execution executors facts fendant filed fraudulent granted ground held injunction intended issue John John Harrison judge judgment judgment-debtor jurisdiction jury Justice lands legislature liable liquors M'Intosh mandamus matter ment mortgage motion necessary New-York Special Term notice objection officers order of arrest owner party payment person plain plaintiff pleading premises proceedings promissory note provisions question receiver recover referee remedy Schuyler county sheriff statute subrogation sufficient suit summons supervisors SUPREME COURT sustained thereof Thomas Burroughs tiff tion Toynbee-same agt trial trustees verdict Wend witness Wynhammer
Beliebte Passagen
Seite 241 - No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.
Seite 130 - The commissioned officers of the militia shall be commissioned by the Governor ; and no commissioned officer shall be removed from office, unless by the Senate on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the decision of a court martial, pursuant to law. The present officers of the militia shall hold their commissions subject to removal, as before provided.
Seite 117 - ... shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Seite 250 - It may well be doubted whether the nature of society and of government does not prescribe some limits to the legislative power; and if any be prescribed, where are they to be found, if the property of an individual, fairly and honestly acquired, may be seized without compensation?
Seite 176 - ... into the next circuit court, to be held in the district where the suit is pending...
Seite 25 - ... after the return of an execution against his property unsatisfied in whole or in part...
Seite 180 - ... it shall then be the duty of the state court to accept the surety, and proceed no further in the cause...
Seite 83 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Seite 99 - In a final order affecting a substantial right, made in a special proceeding, or upon a summary application in an action, after judgment.
Seite 180 - That 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 interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...