Practice Reports in the Supreme Court and Court of Appeals, Volume 30Joel Munsell, 1866 |
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Results 1-5 of 100
Page 7
... render them useless , and of no sort of conse- quence . I think whatever practice existed in the court of common pleas different from that provided for by the Code , has been changed , and would not now be applicable , and , therefore ...
... render them useless , and of no sort of conse- quence . I think whatever practice existed in the court of common pleas different from that provided for by the Code , has been changed , and would not now be applicable , and , therefore ...
Page 12
... rendered by him without considerable labor and trouble ; and the difference between the amount of the bounty allowed by the act and that promised to be paid by the defendant , may be deemed the measure of the plaintiff's compensation ...
... rendered by him without considerable labor and trouble ; and the difference between the amount of the bounty allowed by the act and that promised to be paid by the defendant , may be deemed the measure of the plaintiff's compensation ...
Page 23
... rendered for plaintiff , from which defendant appealed , and the ruling on the trial was sustained , and a new assign- ment held unnecessary , Justice W. F. ALLEN delivering the opinion of the court . ( See 30 Barb . 344. ) We submit ...
... rendered for plaintiff , from which defendant appealed , and the ruling on the trial was sustained , and a new assign- ment held unnecessary , Justice W. F. ALLEN delivering the opinion of the court . ( See 30 Barb . 344. ) We submit ...
Page 32
... rendered incapable of making good his account on that day , and the single circumstance that he had no funds in the bank at the time when the checks were presented , was not of itself conclusive evi- dence of fraud . Therefore , no ...
... rendered incapable of making good his account on that day , and the single circumstance that he had no funds in the bank at the time when the checks were presented , was not of itself conclusive evi- dence of fraud . Therefore , no ...
Page 34
... rendered by this court , in any district of this state . I confess , in the absence of such a decision , I am not inclined to follow those in the superior court , to which I have above referred . To require so precise a specification in ...
... rendered by this court , in any district of this state . I confess , in the absence of such a decision , I am not inclined to follow those in the superior court , to which I have above referred . To require so precise a specification in ...
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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.