Practice Reports in the Supreme Court and Court of Appeals, Том 15Joel Munsell, 1858 |
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Страница 15
... decision on appeal . The defendant appealed from this decision to the court of appeals , where the matter is still pending . After this last appeal the defendant procured an order from Mr. Justice MULLETT , at chambers , on an order to ...
... decision on appeal . The defendant appealed from this decision to the court of appeals , where the matter is still pending . After this last appeal the defendant procured an order from Mr. Justice MULLETT , at chambers , on an order to ...
Страница 17
... decision upon those authorities ; adding , only , that the principles of the cases to be cited , approve themselves to our judgment . VOL . XV . 2 Belden agt . The New - York and Harlem Railroad NEW - YORK PRACTICE REPORTS . 17.
... decision upon those authorities ; adding , only , that the principles of the cases to be cited , approve themselves to our judgment . VOL . XV . 2 Belden agt . The New - York and Harlem Railroad NEW - YORK PRACTICE REPORTS . 17.
Страница 24
... decision in Shepherd agt . Dean , also in the common pleas , ( 13 Howard , 173 ) , to be adverse to this . On the contrary , the act of 1840 is referred to , as if it would have governed the result had the case been similar to that of ...
... decision in Shepherd agt . Dean , also in the common pleas , ( 13 Howard , 173 ) , to be adverse to this . On the contrary , the act of 1840 is referred to , as if it would have governed the result had the case been similar to that of ...
Страница 32
... decision , yet if these errors are not speci- fied in the notice of appeal , the judgment will be affirmed , if other errors , though insufficient , are stated in the notice . But where the notice of appeal contains no ground of error ...
... decision , yet if these errors are not speci- fied in the notice of appeal , the judgment will be affirmed , if other errors , though insufficient , are stated in the notice . But where the notice of appeal contains no ground of error ...
Страница 33
... decision . The county judge has , however , affirmed the judgment of the justice upon the express ground that the errors in question were not specified in the notice of appeal , and were not for that reason proper matters for ...
... decision . The county judge has , however , affirmed the judgment of the justice upon the express ground that the errors in question were not specified in the notice of appeal , and were not for that reason proper matters for ...
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Страница 517 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Страница 142 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Страница 53 - When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.
Страница 128 - That every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate...
Страница 507 - As these two questions appear to us to be more conveniently answered together, we submit our opinion to be that the jury ought to be told in all cases that every man is presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction.
Страница 128 - ... the jury may give such damages as they shall deem a fair and just compensation, with reference to the pecuniary injuries resulting from such death, to the wife and next of kin of such deceased person...
Страница 210 - The defendant may be arrested, as hereinafter prescribed, in the following cases : 1. In an action for the recovery of damages, on a cause of action not arising out of contract, where the defendant is not a resident of the State, or is about to remove therefrom, or where the action is for an injury to person or character, or for injuring, or for wrongfully taking, detaining or converting property.
Страница 515 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Страница 60 - When the order is made upon a summary application, in an action after judgment, and affects a substantial right.
Страница 366 - Service by mail may be made, where the person making the service, and the person on whom it is to be made reside in different places between which there is a regular communication by mail.