Practice Reports in the Supreme Court and Court of Appeals, Том 22Joel Munsell, 1862 |
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... action , is equivalent to a former judgment of non - suit in such action ; consequently it does not bar another action . But this rule does not apply to equity causes . New York General Term , March , 1861 . CLERKE , SUTHERLAND and ...
... action , is equivalent to a former judgment of non - suit in such action ; consequently it does not bar another action . But this rule does not apply to equity causes . New York General Term , March , 1861 . CLERKE , SUTHERLAND and ...
Страница 15
... action against the sheriff to recover damages for the alleged wrongful conversion of the assigned property , and the defendant ( sheriff ) defended by virtue of an attachment issued in favor of a creditor at large , by which he took the ...
... action against the sheriff to recover damages for the alleged wrongful conversion of the assigned property , and the defendant ( sheriff ) defended by virtue of an attachment issued in favor of a creditor at large , by which he took the ...
Страница 33
... action . If Benjamin Marshall had declared orally in so many words what he has thus expressed in writing , I think no one would have sup- posed he rendered himself liable to an action . We ought not , I think , to extend the application ...
... action . If Benjamin Marshall had declared orally in so many words what he has thus expressed in writing , I think no one would have sup- posed he rendered himself liable to an action . We ought not , I think , to extend the application ...
Страница 36
... action . The process in the action being served upon the treasurer . The counsel for the defendants objected to the receipt of such judgment roll as evidence against them . The court overruled the objection and decided to receive the ...
... action . The process in the action being served upon the treasurer . The counsel for the defendants objected to the receipt of such judgment roll as evidence against them . The court overruled the objection and decided to receive the ...
Страница 63
... action stated in the complaint , and the issues of fact joined upon the allegations constituting the other cause of action had not been tried . ( See , also , Wesley agt . Bennett , 5 Abb . R. , 498. ) In that case as in this , the ...
... action stated in the complaint , and the issues of fact joined upon the allegations constituting the other cause of action had not been tried . ( See , also , Wesley agt . Bennett , 5 Abb . R. , 498. ) In that case as in this , the ...
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adverse possession affidavit agreement alleged allowed amendment amount answer appeal application assignment Associate Reformed attachment attorney authority averred Barb cause of action claim clerk Code commenced commissioners complaint consul contract corporation costs counsel court of equity creditors damages debt debtor decision deed defendant defendant's delivered delivery demurrer denied election entitled equity evidence ex rel execution executor exequatur facts feme covert filed foreclosure granted ground held injunction interest issue joint judge judgment jurisdiction jury Justice liable ment mortgage motion ne exeat objection owner paid party payment person plaintiff pleading possession premises proceedings promissory note prosecuted purchase question railroad receiver recover referred rendered River Bank agt Rock River rule security for costs sheriff statute Stettiner street sufficient suit SUPREME COURT sureties synod testator thereof tion trial trustees void Wend witness
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Страница 260 - It is, we think, a sound principle, that when a government becomes a partner in any trading company, it divests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a private citizen.
Страница 489 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief •o as to alter his own previous position, the former is concluded from averring against the latter a different state of things, as existing at the same time...
Страница 215 - For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: 1.
Страница 491 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect ; or by inserting other allegations material to the case...
Страница 45 - ... shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be thereafter contracted...
Страница 231 - Within twenty days after a pleading, or the answer or demurrer thereto, is served, or at any time before the period for answering it expires, the pleading may be once amended by the party, of course, without costs, and without prejudice to the proceedings already had.
Страница 359 - ... sections 195 and 196, within ten days thereafter, the appeal shall be regarded as if no undertaking had been given.
Страница 297 - Let us therefore follow after the things which make for peace, and things wherewith one may edify another.
Страница 44 - ... when any vacancy shall happen among the trustees, by death, resignation, or otherwise, it shall be filled for the remainder of the year in such manner as may be provided for by the by-laws of the said company.
Страница 266 - Where the action is against two or more defendants, and the summons is served on one or more, but not on all of them, the plaintiff may proceed as follows: 1.