Practice Reports in the Supreme Court and Court of Appeals, Volume 30Joel Munsell, 1866 |
From inside the book
Results 1-5 of 57
Page
... BROWN , for plaintiff and respondent . The only The facts appear in the special verdict . defence interposed to the action by answer , was the six TAST HARVARD LATY SCHOOL LIDAMNY IN THE SUPREME COURT AND NEW YORK PRACTICE REPORTS . 251.
... BROWN , for plaintiff and respondent . The only The facts appear in the special verdict . defence interposed to the action by answer , was the six TAST HARVARD LATY SCHOOL LIDAMNY IN THE SUPREME COURT AND NEW YORK PRACTICE REPORTS . 251.
Page 5
... respondents . 1 MILLER , J. A point is taken by the respondents ' coun- sel , that the appeal from the judgment of nonsuit directly to this court , without first moving for a new trial in the county court , brings up no exceptions made ...
... respondents . 1 MILLER , J. A point is taken by the respondents ' coun- sel , that the appeal from the judgment of nonsuit directly to this court , without first moving for a new trial in the county court , brings up no exceptions made ...
Page 15
... respondent . Where the plaintiff brings his action before a justice of the peace , and complains for trespass quare clausum fregit , and treading down and destroying grass and herbage there growing , and treading down , eating up and ...
... respondent . Where the plaintiff brings his action before a justice of the peace , and complains for trespass quare clausum fregit , and treading down and destroying grass and herbage there growing , and treading down , eating up and ...
Page 24
... respondent . I. This action is to be regarded as an original action brought in this court , and it makes no difference that it was commenced by depositing summons and complaint with the justice . ( See opinion of Judge POTTER ...
... respondent . I. This action is to be regarded as an original action brought in this court , and it makes no difference that it was commenced by depositing summons and complaint with the justice . ( See opinion of Judge POTTER ...
Page 62
... respondent . By the court , MONELL , J. The chapter of the Code rela- tive to the examination of an adverse party , as a witness , has undergone few amendments , and is now substantially the same as when originally enacted ( Laws of ...
... respondent . By the court , MONELL , J. The chapter of the Code rela- tive to the examination of an adverse party , as a witness , has undergone few amendments , and is now substantially the same as when originally enacted ( Laws of ...
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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.