Practice Reports in the Supreme Court and Court of Appeals, Том 17Joel Munsell, 1859 |
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Страница 69
... regarded as authority , for what he says upon this subject is obiter . I think such a motion cannot be entertained after an exe- cution has been issued upon the judgment against the defend- ant . The condition of his undertaking is ...
... regarded as authority , for what he says upon this subject is obiter . I think such a motion cannot be entertained after an exe- cution has been issued upon the judgment against the defend- ant . The condition of his undertaking is ...
Страница 73
... regarded as am- biguous , are accompanied with a key or explanation of the in- tent of the utterer , that conveys to the mind of the hearer the imputation of crime , no innuendo is necessary . As for in- The People agt . Robertson ...
... regarded as am- biguous , are accompanied with a key or explanation of the in- tent of the utterer , that conveys to the mind of the hearer the imputation of crime , no innuendo is necessary . As for in- The People agt . Robertson ...
Страница 88
... regarded the action of the jury . From the commencement of the trial until their verdict was pronounced , I believe the jury were fully impressed with the solemnity of their duty . Certainly I have seen no evidence to the contrary . It ...
... regarded the action of the jury . From the commencement of the trial until their verdict was pronounced , I believe the jury were fully impressed with the solemnity of their duty . Certainly I have seen no evidence to the contrary . It ...
Страница 105
... regarded as restricting the jury on the question of damages to the mere pecuniary injury resulting from the death of the person killed , to the wife and next of kin of such deceased person . The legislature has said the administrator ...
... regarded as restricting the jury on the question of damages to the mere pecuniary injury resulting from the death of the person killed , to the wife and next of kin of such deceased person . The legislature has said the administrator ...
Страница 120
... regarded it as a valid one , and acted under it up to the time of service of notice of appeal . The order must be held valid , with leave to the defendant to properly amend it . 2d . The affidavit of justification was technically ...
... regarded it as a valid one , and acted under it up to the time of service of notice of appeal . The order must be held valid , with leave to the defendant to properly amend it . 2d . The affidavit of justification was technically ...
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affidavit affirmed Albany alleged allowed amended 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 comptroller constitution contract corporation costs counsel county court court of appeals court of equity coverture creditors debt decision declared defendant defendant's demurrer entered entitled equity evidence execution facts fees fendant filed foreclosure fraud 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 RICHARD BUSTEED rule separate estate sheriff sufficient suit summons SUPREME COURT Taylor and Brennan thereof tion trial verdict Wend wife
Популарни одломци
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.