The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and District Courts, Appellate Courts of the Several States, State and City Courts of New York and English Courts, Volume 9McDivitt, Campbell & Company, 1880 |
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Results 1-5 of 81
Page 2
... of the action . Such last- mentioned allegation will be treated merely as surplusage . Appeal from order denying motion for new trial and judgment on non- in a brutal manner . The complaint alleged first , 2 NEW YORK WEEKLY DIGEST .
... of the action . Such last- mentioned allegation will be treated merely as surplusage . Appeal from order denying motion for new trial and judgment on non- in a brutal manner . The complaint alleged first , 2 NEW YORK WEEKLY DIGEST .
Page 3
... motion to amend the complaint to conform to the proofs , for want of power , and denied a motion for a new trial on the minutes , to which denials plaintiff excepted . C. C. Higgins , for applt . G. W. Parsons , for respt . Held , The ...
... motion to amend the complaint to conform to the proofs , for want of power , and denied a motion for a new trial on the minutes , to which denials plaintiff excepted . C. C. Higgins , for applt . G. W. Parsons , for respt . Held , The ...
Page 13
... motion to confirm the report and for judgment and ex- ecution , Held , that D.'s failure to answer was not an admission that plaintiff was entitled to the relief demanded , but simply that he was entitled to such relief as the facts ...
... motion to confirm the report and for judgment and ex- ecution , Held , that D.'s failure to answer was not an admission that plaintiff was entitled to the relief demanded , but simply that he was entitled to such relief as the facts ...
Page 14
... motion , affirmed . Opinion by Earl , J. All concur , diligence to make personal service of except Andrews , J. , absent . SERVICE BY PUBLICATION . N. Y. SUPREME COURT . GENERAL TERM . FIRST DEPT . Archibald Campbell , applt . , v ...
... motion , affirmed . Opinion by Earl , J. All concur , diligence to make personal service of except Andrews , J. , absent . SERVICE BY PUBLICATION . N. Y. SUPREME COURT . GENERAL TERM . FIRST DEPT . Archibald Campbell , applt . , v ...
Page 15
... motion be- and thus matters stood until April , low , but only went to the question of 1878 , when a motion was made in N. terms . That relief should have been Y. Common Pleas by Wettig's counsel granted . Sureties are always entitled ...
... motion be- and thus matters stood until April , low , but only went to the question of 1878 , when a motion was made in N. terms . That relief should have been Y. Common Pleas by Wettig's counsel granted . Sureties are always entitled ...
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Common terms and phrases
action was brought affirmed agreement alleged amended amount answer application applt assessment assignment attorney bank bona fide purchaser bond cause of action certiorari charge City claim Code commenced commissioners complaint concur contract corporation costs County COURT OF APPEALS creditors damages debt deceased deed defendant defendant's denied entitled error evidence ex rel execution fact fendant firm Folger and Andrews foreclosure fraud granted ground Held intestate issued judge judgment jurisdiction jury land liable lien matter ment mortgage motion N. Y. COURT N. Y. SUPREME COURT notice Opinion owner paid party payment person plain plaintiff plaintiff in error plff possession premises proceedings proof purchaser question Rapallo received recover referee rents respt reversed sheriff Special Term statute suit tained testator thereof THIRD DEPT tiff tion trial trustees usury vacate verdict VIII void witness writ
Popular passages
Page 223 - If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose...
Page 461 - That no bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part of any vessel of the United States, shall be valid against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof; unless such bill of sale, mortgage, hypothecation, or conveyance be recorded in the office of the Collector of the Customs where such vessel is registered or enrolled...
Page 450 - Where a drawee to whom a bill is delivered for acceptance destroys the same, or refuses within twenty-four hours after such delivery, or within such other period as the holder may allow, to return the bill accepted or nonaccepted to the holder, he will be deemed to have accepted the same.
Page 353 - The law, for wise reasons, imposes upon a party subjected to Injury from a breach of contract the active duty of making reasonable exertions to render the injury as light as possible.
Page 339 - Judge, on account of their race, color and previous condition of servitude, and for no other reason, against the peace and dignity of the United States, and against the form of the Statute of the United States in such case made and provided.
Page 136 - The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy.
Page 339 - ... patented, for the purpose of deceiving the public, shall be liable for every such offense to a penalty of not less than one hundred dollars, •with costs, one-half of said penalty to the person who shall sue for the same, and the other to the use of the United States, to be recovered by suit in any district court of the United States, within whose jurisdiction such offense may have been committed.
Page 101 - Whether the State of Connecticut shall measure the contribution which persons resident within its jurisdiction shall make by way of taxes, in return for the protection it affords them, by the value of the credits, choses in action, bonds or stocks which they may own (other than such as are exempted or protected from taxation under the Constitution and laws of the United States) is a matter which concerns only the people of that State, with which the Federal government cannot rightfully interfere.
Page 124 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 207 - And it is further provided in the policy that, "if the interest of the assured in the property be any other than the entire, unconditional, and sole ownership of the property, for the use and benefit of the assured...