Practice Reports in the Supreme Court and Court of Appeals, Volume 25Joel Munsell, 1863 |
From inside the book
Results 1-5 of 93
Page 3
... granted , he could proceed to try at the circuit . But the report by being ( before and without objection ) signed and filed , becomes the judgment of the court , binding all parties , unless it be absolutely void , as being made so by ...
... granted , he could proceed to try at the circuit . But the report by being ( before and without objection ) signed and filed , becomes the judgment of the court , binding all parties , unless it be absolutely void , as being made so by ...
Page 4
... granting or refusing the order would be , as in all cases of practice , the reasonableness of granting it , under ... granted , and Mr. R. Bernard appointed referee to conduct Devin agt . Patchin . the sale of the mortgaged 4 NEW YORK ...
... granting or refusing the order would be , as in all cases of practice , the reasonableness of granting it , under ... granted , and Mr. R. Bernard appointed referee to conduct Devin agt . Patchin . the sale of the mortgaged 4 NEW YORK ...
Page 6
... granted to her . The late surrogate of New York heard the proofs , and thereupon decided that the said Mary Grace Patchin was not the widow of the deceased . He also decided that nothing was due from the public administrator of the de ...
... granted to her . The late surrogate of New York heard the proofs , and thereupon decided that the said Mary Grace Patchin was not the widow of the deceased . He also decided that nothing was due from the public administrator of the de ...
Page 14
... granted by the people of the states to the general government , and embodied in the constitution , are supreme within their scope and operation , and that this government may exercise these powers in its appropriate departments free and ...
... granted by the people of the states to the general government , and embodied in the constitution , are supreme within their scope and operation , and that this government may exercise these powers in its appropriate departments free and ...
Page 15
... granted to the general government , within which , it is admitted , it is supreme . That government whose powers , executive , legislative or judicial , whether it is a government of enumerated powers like this one , or not , whose ...
... granted to the general government , within which , it is admitted , it is supreme . That government whose powers , executive , legislative or judicial , whether it is a government of enumerated powers like this one , or not , whose ...
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Common terms and phrases
38 Barb affidavit affirmed agreement alleged amount application appointment arrest assessment assignment assignors attorney authority bank bills bond cause of action claim Code coin common law complaint congress constitution contract corporation costs court of appeals court of equity creditors debtor debts declared defendant defendant's duties entitled equity evidence ex rel execution exercise fact favor fraud fraudulent granted habeas corpus Hague agt held Henry Van Schaick intent issue judgment judgment debtor jurisdiction jury justice lease legal tender legislature liable ment Meyer agt mortgage motion ne exeat opinion paid party payment person plaintiff plaintiff in error premises proceedings provisional remedy provisions purchase question received recover referee repealed Revised Statutes sheriff Smith agt special term supreme court taxes thereof Third Avenue Railroad tion treasury notes trial trust United usurious void votes witness writ York
Popular passages
Page 116 - ... shall be receivable in payment of all taxes, internal duties, excises, debts, and demands of every kind due to the United States, except duties on imports, and of all claims and demands against the United States of every kind whatsoever, except for interest upon bonds and notes, which shall be paid in coin, and shall also be lawful money and a legal tender iu payment of all debts, public and private, within the United States, except duties on imports and interest as aforesaid.
Page 27 - Money is with propriety considered as the vital principle of the body politic ; as that which sustains its life and motion, and enables it to perform its most essential functions.
Page 73 - Any corporation formed under this act may purchase mines, manufactories or other property necessary for its business, or the stock of any company or companies owning, mining, manufacturing or producing materials, or other property necessary for its business, and issue stock to the amount of the value thereof in payment therefor...
Page 25 - Madison has disclosed the grounds of his own action, by recording that ''this vote in the affirmative by Virginia was occasioned by the acquiescence of Mr. Madison, who became satisfied that striking out the words would not disable the government from the use of public notes...
Page 123 - They would contain various exceptions to powers not granted, and on this very account would afford a colorable pretext to claim more than were granted; for why declare that things shall not be done which there is no power to do?
Page 13 - The sovereignty of a State extends to everything which exists by its own authority or is introduced by its permission ; but does it extend to those means which are employed by Congress to carry into execution powers conferred on that body by the people of the United States?
Page 15 - If the right to impose the tax exists, it is a right which in its nature acknowledges no limits. It may be carried to any extent, within the jurisdiction of the state or corporation which imposes it, which the will of each state and corporation may prescribe.
Page 187 - ... court, or on any execution issuing out of any court of equity, in any suit or proceeding instituted for the recovery of any money due upon any judgment or decree founded upon contract, or due upon any contract express or implied, or for the recovery of any damages for the non-performance of any contract.
Page 136 - If the end be clearly comprehended within any of the specified powers, and if the measure have an obvious relation to that end, and is not forbidden by any particular provision of the constitution, it may safely be deemed to come within the compass of the national authority.
Page 133 - Nothing is more natural and common than first to use a general phrase, and then to explain and qualify it by a recital of particulars. But the idea of an enumeration of particulars which neither explain nor qualify the general meaning, and • can have no other effect than to confound and...