Practice Reports in the Supreme Court and Court of Appeals, Том 17Joel Munsell, 1859 |
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Страница 13
... constitutional provision relative to the election of the officers of counties and towns , was not applicable to such district , and the same construction must be given to similar phraseology in an act of the legislature . Neither is the ...
... constitutional provision relative to the election of the officers of counties and towns , was not applicable to such district , and the same construction must be given to similar phraseology in an act of the legislature . Neither is the ...
Страница 15
... constitution prohibits the payment of any money out of the treasury of the state , except in pursuance of an appropriation by law . ( Constitution , article 7 , § 8. ) That may be a sufficient reason why the comptroller should not be ...
... constitution prohibits the payment of any money out of the treasury of the state , except in pursuance of an appropriation by law . ( Constitution , article 7 , § 8. ) That may be a sufficient reason why the comptroller should not be ...
Страница 35
... constitutional and valid . ( This decision reverses that of the general term of the supreme court in the second district , in this case , and overrules the decision of the same general term in the case of Hall agt . Nelson , ( 23 Barb ...
... constitutional and valid . ( This decision reverses that of the general term of the supreme court in the second district , in this case , and overrules the decision of the same general term in the case of Hall agt . Nelson , ( 23 Barb ...
Страница 36
... constitutional and void . ( 23 Barb . 88. ) The demurrer came on for argument before Justice BROWN , on the 9th day of February , 1858 , who gave judgment in favor of the plaintiff on the demurrer , with costs , in accordance with said ...
... constitutional and void . ( 23 Barb . 88. ) The demurrer came on for argument before Justice BROWN , on the 9th day of February , 1858 , who gave judgment in favor of the plaintiff on the demurrer , with costs , in accordance with said ...
Страница 37
... constitution , or which might thereafter arise , and that the 8th chapter , 3d part of the Revised Statutes , contained many of the designated special cases , which existed at the ratification of the constitution ; but he does not refer ...
... constitution , or which might thereafter arise , and that the 8th chapter , 3d part of the Revised Statutes , contained many of the designated special cases , which existed at the ratification of the constitution ; but he does not refer ...
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affidavit affirmed Albany alleged allowed amend amount application assignment attorney authority Bank barratry bond and mortgage Cadmus cause of action charge choses in action circuit city of New-York claim clerk Code commenced common law complaint constitution contract corporation costs counsel county court court of appeals court of equity coverture creditors debt decision declared defendant defendant's demurrer entitled equity evidence execution facts fees fendant filed foreclosure granted ground held husband indorser intended issued judge judgment jurisdiction jury Justice legislature liability lien ment motion nonsuit notice objection opinion order of arrest parties payment person plaintiff possession premises proceedings proceeds promissory note provisions question real estate received recover referee remittitur resident RICHARD BUSTEED rule separate estate sheriff special term sufficient suit summons SUPREME COURT Taylor and Brennan thereof tion trial verdict Wend wife
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Страница 496 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Страница 39 - Such parts of the common law, and of the acts of the Legislature of the Colony of New York, as together did form the law of the said Colony...
Страница 53 - The Legislature may, on application of the board of supervisors, provide for the election of local officers, not to exceed two in any county, to discharge the duties of county judge and of surrogate, in cases of their inability, or of a vacancy, and to exercise such other powers, in special cases, as may be provided by law.
Страница 79 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Страница 325 - January, one thousand eight hundred and fifty, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind, contracted after the said first day of January, one thousand eight hundred and fifty.
Страница 20 - To give any binding effect to a judgment, it is essential that the court should have jurisdiction of the person, and of the subject matter; and the want of jurisdiction is a matter that may always be set up against a judgment, when sought to be enforced, or when any benefit is claimed under it. The want of jurisdiction makes it utterly void and unavailable for any purpose.
Страница 105 - ... provided by law, in relation to the distribution of personal property, left by persons dying intestate; and in every such action the jury may give such damages as they shall deem fair and just, with reference to the pecuniary injury resulting from such death to the wife and next of kin of such deceased person: provided, that every such action shall be commenced within two years after the death of such deceased person.
Страница 276 - ... no person shall be deprived of his property without due process of law, because I think it may be disposed of on the first constitutional right or privilege suggested.
Страница 395 - ... the amount directed to be paid by the judgment, or the part of such amount as to which the judgment shall be affirmed...
Страница 563 - When the action is between herself and her husband, she may sue or be sued alone; 3.