Practice Reports in the Supreme Court and Court of Appeals, Volume 30Joel Munsell, 1866 |
From inside the book
Results 1-5 of 98
Page 6
... jury , to the same extent as the supreme court has in simi- lar cases . And subdivision six of the same section , autho- rizes a motion for a new trial on a case or exceptions , before or after judgment , and provides that all the pro ...
... jury , to the same extent as the supreme court has in simi- lar cases . And subdivision six of the same section , autho- rizes a motion for a new trial on a case or exceptions , before or after judgment , and provides that all the pro ...
Page 17
... in the road . Three questions were submitted to the jury by the court , and they found , 1st . That defendant's oxen did an injury VOL . XXX . 2 Hall agt . Hodskins . to plaintiff's corn and apples NEW YORK PRACTICE REPORTS . 17.
... in the road . Three questions were submitted to the jury by the court , and they found , 1st . That defendant's oxen did an injury VOL . XXX . 2 Hall agt . Hodskins . to plaintiff's corn and apples NEW YORK PRACTICE REPORTS . 17.
Page 18
... jury , and a decision or report , when trial is by court or referee . The position taken by Judge POTTER is entirely incon- sistent with the imperative language of the statute " he F Hall agt . Hodskins . shall recover costs . " 18 NEW ...
... jury , and a decision or report , when trial is by court or referee . The position taken by Judge POTTER is entirely incon- sistent with the imperative language of the statute " he F Hall agt . Hodskins . shall recover costs . " 18 NEW ...
Page 22
... jury expressly find that these acts were done " not upon the road . " Under the old rule by which a plea of liberum tenementum was sustained by proof that the defend- ant owned any freehold in the parish in which the trespass was ...
... jury expressly find that these acts were done " not upon the road . " Under the old rule by which a plea of liberum tenementum was sustained by proof that the defend- ant owned any freehold in the parish in which the trespass was ...
Page 25
... jury in his favor , but because a recovery of fifty cents is had upon a question independent of any claim of title , that the plaintiff is to be regarded as succeeding upon the whole case , so as to be allowed costs of course . " ,, We ...
... jury in his favor , but because a recovery of fifty cents is had upon a question independent of any claim of title , that the plaintiff is to be regarded as succeeding upon the whole case , so as to be allowed costs of course . " ,, We ...
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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.