Practice Reports in the Supreme Court and Court of Appeals, Volume 28Joel Munsell, 1865 |
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Common terms and phrases
affidavit affirmed alleged allowed amend amount application arrest assignment assignor attachment attorney authority Barb bill bond Carpenter agt cause of action charge chattels Chenango county claim clerk Code complaint contract corporation costs counsel court of appeals court of equity creditors Dakin Darlington debtor debts decision defendant defendant's denied district duty entitled equity evidence execution fact fraudulent granted ground held injunction issue judge judgment jurisdiction jury justice Kanter legislature liable lien mandamus ment mortgage motion notice of appeal objection opinion owner paid party payment person plain plaintiff proceedings provision purchase question receiver recover referred rendered rule sheriff special term statute statute of distributions statute of frauds stay of proceedings suit Supervisors of Albany supreme court taxed testator tiff tion trial trust United States notes verdict void witness York
Popular passages
Page 85 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 75 - Upon receiving a verdict, the clerk shall make an entry in his minutes, specifying the time and place of the trial, the names of the jurors and witnesses, the verdict, and either the judgment rendered thereon, or an order that the cause be reserved for argument or further consideration. If a different direction be not given by the court, the clerk must enter judgment in conformity with the verdict.
Page 345 - On the final passage, in either house of the Legislature, of any act which imposes, continues or revives a tax, or creates a debt or charge, or makes, continues or revives any appropriation of public or trust money or property, or releases, discharges or commutes any claim or demand of the State, the question shall be taken by yeas and nays, which shall be duly entered upon the journals, and three-fifths of all the members elected to either house shall, in all such cases, be necessary to constitute...
Page 430 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Page 74 - The judge who tries the cause may, in his discretion, entertain a motion to be made on his minutes to set aside a verdict and grant a new trial upon exceptions, or for insufficient evidence, or for excessive damages...
Page 282 - Where the trial of an issue of fact shall require the examination of a long account on either side ; in which case the referees may be directed to hear and decide the whole issue, or to report upon any specific question of fact involved therein ; or, 2.
Page 187 - That any order of the President, or under his authority, made at any time during the existence of the present rebellion, shall be a defence in all courts to any action or prosecution, civil or criminal, pending, or to be commenced, for any search, seizure, arrest, or imprisonment, made, done, or committed, or acts omitted to be done, under and by virtue of such order, or under color of any law of Congress, and such defence may be made by special plea, or under the general issue.
Page 440 - An appeal must be made, by the service of a notice in •writing on the adverse party, and on the clerk, with whom the judgment or order appealed from is entered, stating the appeal from the same or some specified part thereof.
Page 266 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.
Page 323 - To administer justice in all matters relating to the affairs of deceased persons, according to the provisions of the statutes of this state...