Practice Reports in the Supreme Court and Court of Appeals, Volume 30Joel Munsell, 1866 |
From inside the book
Results 1-5 of 76
Page 2
... allowed a demurrer to an amended answer . The rule is well settled that the amended pleading takes the place of , and supercedes the original ( 4 How . Pr . R. 174 ; Van Santvoord's Pl . 795 ) , and the amended pleading is the only one ...
... allowed a demurrer to an amended answer . The rule is well settled that the amended pleading takes the place of , and supercedes the original ( 4 How . Pr . R. 174 ; Van Santvoord's Pl . 795 ) , and the amended pleading is the only one ...
Page 9
... allowed by statutes cited previously , to cover bounty and incidental expenses of each of said recruits , hence cannot recover further . IRA D. WARREN , for plaintiff . R. S. WOOD , for defendant . CLERKE , J. If the legislature of this ...
... allowed by statutes cited previously , to cover bounty and incidental expenses of each of said recruits , hence cannot recover further . IRA D. WARREN , for plaintiff . R. S. WOOD , for defendant . CLERKE , J. If the legislature of this ...
Page 12
... allowed by the act and that promised to be paid by the defendant , may be deemed the measure of the plaintiff's compensation . It does not appear in the complaint that the volunteers or substitutes received more than the act allows ...
... allowed by the act and that promised to be paid by the defendant , may be deemed the measure of the plaintiff's compensation . It does not appear in the complaint that the volunteers or substitutes received more than the act allows ...
Page 13
... allowed for plaintiff's acceptance , serves an answer and counter - claim demanding judgment of the plaintiff for a larger sum than the amount of the offer , and upon the trial the plaintiff recovers a few cents less than the ...
... allowed for plaintiff's acceptance , serves an answer and counter - claim demanding judgment of the plaintiff for a larger sum than the amount of the offer , and upon the trial the plaintiff recovers a few cents less than the ...
Page 15
... allowed to either party on this motion . From this decision the defendant appealed to the general term in the fifth district , and the cause was argued at the October term , 1865 , and the decision of the special term affirmed . No ...
... allowed to either party on this motion . From this decision the defendant appealed to the general term in the fifth district , and the cause was argued at the October term , 1865 , and the decision of the special term affirmed . No ...
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Common terms and phrases
43 Barb affidavit agreement alleged amended amount answer application assignment attorney authorised authority bank Baptist Church bond Bosw cause of action charge Chenango Bridge Chenango river claim Code commissioners common council complaint contract corporation costs county court court of equity court of sessions creditor Croton Aqueduct damages debt debtor decision declared defendant defendant's demand demurrer Digest duty East river entitled equity error evidence ex rel execution facts fraud grant held inebriate interest issue judge judgment judgment debtor jurisdiction jury justice Lawrence county legislature liable lien mandamus Mayor ment mortgage motion notice paid party payment person plaintiff plaintiff in error possession premises proceedings provisions question Railroad Company recover referred rendered Revised Statutes Scovil special term statute of frauds summons supreme court thereof tion trial verdict void witness writ York
Popular passages
Page 358 - A right of franchise or privilege, that no man may set up a common ferry for all passengers, without a prescription time out of mind, or a charter from the King. He may make a ferry for his own use or the use of his family, but not for the common use of all the King's subjects passing that way; because it doth in consequence tend to a common charge, and is become a thing of public interest and use...
Page 278 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, Susie E. Smith, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Page 262 - ... limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time, and within one year from his death.
Page 228 - When the answer of the defendant expressly, or by not denying, admits part of the plaintiff's claim to be just, the court, on motion, may order such defendant to satisfy that part of the claim, and may enforce the order as it enforces a judgment or provisional remedy.
Page 157 - ... shall be enforced for more than the amount of the corrected judgment. If such offer be not made, and the judgment in the appellate court be more favorable to the appellant than the judgment in the court below, or if such offer be made and not accepted, and the judgment in the appellate court be more favorable to the appellant than the offer of the respondent, the appellant shall recover costs ; provided, however, that the...
Page 261 - If a person against whom an action may be brought die before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his representatives after the expiration of that time, and within one year after the issuing of letters testamentary or of administration...
Page 262 - The time during which the person committing any of the offenses above mentioned is absent from the district wherein the same is committed shall not be taken as any part of the time limited by law for the commencement of such proceedings.
Page 292 - No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.
Page 351 - ... meanings, the one restricting and the other extending the powers of the corporation, that construction is to be adopted which works the least harm to the state. But if there is no ambiguity in the charter, and the powers conferred are plainly marked, and their limits can be readily ascertained, then it is the duty of the court to sustain and uphold it, and to carry out the true meaning and intention of the parties to it. Any other rule of construction would defeat all legislative grants, and...
Page 347 - The constitution of the United States declares that no state shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts.