Practice Reports in the Supreme Court and Court of Appeals, Том 15Joel Munsell, 1858 |
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Страница 3
... ownership . The assign- ment or other evidence of his ownership , could only be mate- rial for the purpose of sustaining the principal allegation . If Holstein agt . Rice . the defendant had denied the NEW - YORK PRACTICE REPORTS . 3.
... ownership . The assign- ment or other evidence of his ownership , could only be mate- rial for the purpose of sustaining the principal allegation . If Holstein agt . Rice . the defendant had denied the NEW - YORK PRACTICE REPORTS . 3.
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... ment , and on the service of process to enforce it . ( Code , § 187. ) That being accomplished , the bail is functus officio , and the estoppel created by giving it , ceases . Should an execution be taken out against the defendant's ...
... ment , and on the service of process to enforce it . ( Code , § 187. ) That being accomplished , the bail is functus officio , and the estoppel created by giving it , ceases . Should an execution be taken out against the defendant's ...
Страница 20
... ment had been recovered against the present plaintiff , and an order obtained for his examination under § 292 of the Code ; and that various orders and process had ensued in such action , under which the arrest complained of had been ...
... ment had been recovered against the present plaintiff , and an order obtained for his examination under § 292 of the Code ; and that various orders and process had ensued in such action , under which the arrest complained of had been ...
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... ment of the answer . That is , that the order of the 20th of September , and that of the 11th of October , ( both of Justice DAVIES , ) and that of the 16th of December , made by Justice CLERKE , were made by the said justices " while ...
... ment of the answer . That is , that the order of the 20th of September , and that of the 11th of October , ( both of Justice DAVIES , ) and that of the 16th of December , made by Justice CLERKE , were made by the said justices " while ...
Страница 28
... ment , the court was authorized to make an allowance in cer- tain cases , among which , were those in which a warrant of attachment had been issued . As now amended , the per cent- age is given without any application to the court . But ...
... ment , the court was authorized to make an allowance in cer- tain cases , among which , were those in which a warrant of attachment had been issued . As now amended , the per cent- age is given without any application to the court . 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.