Practice Reports in the Supreme Court and Court of Appeals, Том 15Joel Munsell, 1858 |
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Страница 13
... rule under the old practice , and such is the rule under the Code . ( § 204 of Code ; 2 Abbott , 384 ; 1 Duer , 645 ; 3 Sand . 706. ) SHERWOOD denied that the reason of the old rule applied to the present practice , and cited ( Corwin v ...
... rule under the old practice , and such is the rule under the Code . ( § 204 of Code ; 2 Abbott , 384 ; 1 Duer , 645 ; 3 Sand . 706. ) SHERWOOD denied that the reason of the old rule applied to the present practice , and cited ( Corwin v ...
Страница 14
... rule nisi has been applied for , so as to afford an application to the court . And this rule applies to proceedings supplementary to execution . The judge before whom these proceedings have been instituted and are pending , in- cluding ...
... rule nisi has been applied for , so as to afford an application to the court . And this rule applies to proceedings supplementary to execution . The judge before whom these proceedings have been instituted and are pending , in- cluding ...
Страница 16
... rule nisi , has been applied for , so as to afford a party an opportunity of applying to the court to set them aside , or stay them generally . ( 3 Chit . Gen. Prac . 26 ; Tidd , 511. ) We do not understand that the Code of Procedure ...
... rule nisi , has been applied for , so as to afford a party an opportunity of applying to the court to set them aside , or stay them generally . ( 3 Chit . Gen. Prac . 26 ; Tidd , 511. ) We do not understand that the Code of Procedure ...
Страница 46
... rule laid down by Lord HARDWICKE , in the case of Pope agt . Curt ( 2 Atk . 342 ) , has always been regarded as the correct one . He says : " I am of opinion that it is only a special property in the name . Possibly the property in the ...
... rule laid down by Lord HARDWICKE , in the case of Pope agt . Curt ( 2 Atk . 342 ) , has always been regarded as the correct one . He says : " I am of opinion that it is only a special property in the name . Possibly the property in the ...
Страница 51
... rule is to be construed and applied in a rational manner , and with some degree of qualification in respect to the particular facts and circumstances of each case . The judge is to be satisfied from the affidavits that a cause of action ...
... rule is to be construed and applied in a rational manner , and with some degree of qualification in respect to the particular facts and circumstances of each case . The judge is to be satisfied from the affidavits that a cause of action ...
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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.