Practice Reports in the Supreme Court and Court of Appeals, Volume 30Joel Munsell, 1866 |
From inside the book
Results 1-5 of 67
Page 3
... construction which this section has invariably received both from the bench and bar , so far as I have been able to learn , and such certainly has been the prac tice under it in this district , and the reason why no reported Simmons agt ...
... construction which this section has invariably received both from the bench and bar , so far as I have been able to learn , and such certainly has been the prac tice under it in this district , and the reason why no reported Simmons agt ...
Page 4
... construction , and have claimed the right to amend but once of course . It was held in the case of White agt . The Mayor of New York ( 14 How . Pr . 497 ) , that section 172 only authorized a pleading to be once amended of course , and ...
... construction , and have claimed the right to amend but once of course . It was held in the case of White agt . The Mayor of New York ( 14 How . Pr . 497 ) , that section 172 only authorized a pleading to be once amended of course , and ...
Page 29
... construction of the pleadings , the plaintiff is entitled to the costs of the action . The defend- ant on the trial failed to sustain his defence . His justifi- cation , although in part successful , was not wholly so , and the ...
... construction of the pleadings , the plaintiff is entitled to the costs of the action . The defend- ant on the trial failed to sustain his defence . His justifi- cation , although in part successful , was not wholly so , and the ...
Page 41
... construction and use of their railroad in the location upon which the railroad structures and track of the plaintiffs were laid and placed in Thirty - fourth street and First ave- nue , prior to and on the evening of the 18th of June ...
... construction and use of their railroad in the location upon which the railroad structures and track of the plaintiffs were laid and placed in Thirty - fourth street and First ave- nue , prior to and on the evening of the 18th of June ...
Page 48
... construction to . be given to the third section of the act of 1849 , by virtue of which the New York and Harlem Railroad Company was authorized to construct a branch from their said road to the East river , at such a point as may be ...
... construction to . be given to the third section of the act of 1849 , by virtue of which the New York and Harlem Railroad Company was authorized to construct a branch from their said road to the East river , at such a point as may be ...
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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.