The New-York Legal Observer, Volume 5Samuel Owen Samuel Owen, 1847 |
From inside the book
Results 1-5 of 48
Page 7
... direct a trial by jury , questions which arise out of this record , to ascertain the fact . But as the court has and which have been so elaborately and jurisdiction to determine matters of fact learnedly argued at the bar , because from ...
... direct a trial by jury , questions which arise out of this record , to ascertain the fact . But as the court has and which have been so elaborately and jurisdiction to determine matters of fact learnedly argued at the bar , because from ...
Page 45
... direct inter- est in having them delivered up and can- celled . On this ground also , my opinion is , that the deposition of Webber is inad- missible . Without the testimony of Webber , it is quite clear that this bill cannot be main ...
... direct inter- est in having them delivered up and can- celled . On this ground also , my opinion is , that the deposition of Webber is inad- missible . Without the testimony of Webber , it is quite clear that this bill cannot be main ...
Page 47
... direct an issue or a reference to a master to as- certain the damages . That , he emphati- cally added , is purely law , and had no re- semblance to compensation given out of the purchase money , where a party is un- able , completely ...
... direct an issue or a reference to a master to as- certain the damages . That , he emphati- cally added , is purely law , and had no re- semblance to compensation given out of the purchase money , where a party is un- able , completely ...
Page 48
... direct and po- sitive terms . If the prescription is full If this be a correct view of the practice of equity in cases of concurrent jurisdic- tion , as to the influence of lapse of time on equitable remedies , it will apply with great ...
... direct and po- sitive terms . If the prescription is full If this be a correct view of the practice of equity in cases of concurrent jurisdic- tion , as to the influence of lapse of time on equitable remedies , it will apply with great ...
Page 79
... direct a resale , ordering such assignee to make good the difference , if any , between the results of the two sales . given to the company by the legislature , THIS was the petition of the creditor of Notices of New Books . the ...
... direct a resale , ordering such assignee to make good the difference , if any , between the results of the two sales . given to the company by the legislature , THIS was the petition of the creditor of Notices of New Books . the ...
Other editions - View all
Common terms and phrases
action aforesaid agreement alleged appear apply assignment assumpsit attorney authority averment bank bill bottomry cause certiorari charge circumstances cited claim common law contract court of chancery Court of Common court of equity Court.-In the matter creditor damages debt deceased decision declaration deed defendant delivered demurrer discharge duty entitled equity evidence execution executor fact fendant fraud Gipsy King ground habeas corpus held issue Jacob Crowninshield judge judgment jurisdiction jury justice land letter liable libel Lord Chancellor Lord Denman Lord Eldon ment mortgage New-York objection opinion owner paid party payment person plaintiff plaintiff in error plea pleaded port possession present proceedings proof proved provisions question reason reference rents rule ship statute statute of frauds sufficient suit testator tiff tion treaty trial trust U. S. District verdict vessel witness writ
Popular passages
Page 345 - 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, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...
Page 345 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 357 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page 427 - SECTION 21. And be it further enacted, That, in order to avoid misconstruction, it is hereby declared to be the true intent and meaning of this act, so far as the question of slavery is concerned, to carry into practical operation the following propositions and principles, established by the compromise measures of 1850, to wit:
Page 285 - That no goods, wares, or merchandise, unless in cases provided for by treaty, shall be imported into the United States from any foreign port or place, except in vessels of the United States, or in such foreign vessels as truly and wholly belong to the citizens or subjects of that country of which the goods are the growth, production, or manufacture, or from which such goods, wares, or merchandise can only be, or most usually are, first shipped for transportation.
Page 370 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision.
Page 288 - To use the words of a celebrated authority, "when a nation takes possession of a distant country, and settles a Colony there, that country, though separated from the principal establishment or mother country, naturally becomes a part of the State, equally with its ancient possessions.
Page 133 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Page 176 - The Consuls, Vice-Consuls, and Commercial Agents shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities...
Page 448 - ... any other of the next of kin who would be entitled to share in the distribution of the estate.