Practice Reports in the Supreme Court and Court of Appeals, Том 15Joel Munsell, 1858 |
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Страница 1
... judgment on account of frivolousness of de- murrer . THE Complaint contains two counts , each upon a promissory note made by the defendant , payable to his own order and by him indorsed and delivered to one John Maginnis , for a valu ...
... judgment on account of frivolousness of de- murrer . THE Complaint contains two counts , each upon a promissory note made by the defendant , payable to his own order and by him indorsed and delivered to one John Maginnis , for a valu ...
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... judgment which he shall recover ; and by the 38th section , where an action has been brought against the claimant , upon his bond given under the 34th section , if the amount recovered exceeds the amount of the judgment rendered for the ...
... judgment which he shall recover ; and by the 38th section , where an action has been brought against the claimant , upon his bond given under the 34th section , if the amount recovered exceeds the amount of the judgment rendered for the ...
Страница 10
... judgment creditor from ever instituting such proceedings on a judgment of over five years ' standing . Because , an execution may be issued by leave of the court after five years from the entry of judgment ; but there is no provision ...
... judgment creditor from ever instituting such proceedings on a judgment of over five years ' standing . Because , an execution may be issued by leave of the court after five years from the entry of judgment ; but there is no provision ...
Страница 11
... judgment , it could only be issued by leave of the court . It was thought best , before allowing the property of a defendant to be seized upon an execution issued upon a stale judgment , to give him an opportunity to be heard . The same ...
... judgment , it could only be issued by leave of the court . It was thought best , before allowing the property of a defendant to be seized upon an execution issued upon a stale judgment , to give him an opportunity to be heard . The same ...
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... judgment was recovered . In a case where the judgment was not only of five years ' standing , but the execution had also been returned more than five years , I might feel constrained to follow the authority of Currie agt . Noyes , but ...
... judgment was recovered . In a case where the judgment was not only of five years ' standing , but the execution had also been returned more than five years , I might feel constrained to follow the authority of Currie agt . Noyes , but ...
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affidavit alleged allowed amended American Exchange Bank amount answer appeal application assignment assumpsit authority averments bank Barb bill of exceptions bond cause of action charge circuit city of New-York clerk Code commenced common council common law complaint contract corporation costs counsel county judge court of equity court of sessions creditors curtesy damages debt debtor decision defendant defendant's demurrer denied entitled equity evidence ex rel examination execution facts fees fendant fraud ground held injunction insolvent intent interest issue judgment judgment debtor jury Justice liable ment Michael Ritter mortgage motion notice objection opinion paid party payment person plaintiff pleading possession present prisoner proceedings provisions question reason receiver recover reference remedy Revised Statutes rule sheriff special term stockholders sufficient suit summons SUPREME COURT thereof tion tort trial trust Wayne County wife witness
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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.