Practice Reports in the Supreme Court and Court of Appeals, Том 15Joel Munsell, 1858 |
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Страница 11
... reason does not apply to supplementary proceedings . The doctrine of Currie agt . Noyes , if carried out to its legiti- mate results , would debar the creditor altogether from the right to institute supplementary proceedings upon a ...
... reason does not apply to supplementary proceedings . The doctrine of Currie agt . Noyes , if carried out to its legiti- mate results , would debar the creditor altogether from the right to institute supplementary proceedings upon a ...
Страница 26
... reason to conclude from this case , that had Judge HARRIS'S attachment been returnable before himself at special term in the capitol or city hall at Albany , on the day fixed , it would have been held void . The point was that the party ...
... reason to conclude from this case , that had Judge HARRIS'S attachment been returnable before himself at special term in the capitol or city hall at Albany , on the day fixed , it would have been held void . The point was that the party ...
Страница 31
... reason criminal ; and if not criminal , is for the same reason not void . Can any one , then , I repeat , imagine that the legislature intended that dating a bond on the day of the loan was to be punished with impris onment , if the ...
... reason criminal ; and if not criminal , is for the same reason not void . Can any one , then , I repeat , imagine that the legislature intended that dating a bond on the day of the loan was to be punished with impris onment , if the ...
Страница 33
... reason proper matters for consideration by that court . The question thus presented is one of much importance . The only mode of reviewing justices ' judgments , since the Code , is by appeal , under chapter 5 of title 2 , entitled " Of ...
... reason proper matters for consideration by that court . The question thus presented is one of much importance . The only mode of reviewing justices ' judgments , since the Code , is by appeal , under chapter 5 of title 2 , entitled " Of ...
Страница 37
... reason of an erroneous return of the number of votes received by him from a certain district of the city . They also claimed that the relator was the person duly elected , and that the er- ror made in the returns being corrected , these ...
... reason of an erroneous return of the number of votes received by him from a certain district of the city . They also claimed that the relator was the person duly elected , and that the er- ror made in the returns being corrected , these ...
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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
Популарни одломци
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.