Practice Reports in the Supreme Court and Court of Appeals, Volume 38Joel Munsell, 1870 - Civil procedure |
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Page 305
... Barb . , 53 , 54 , ) is qualified . He says , " especially as against the plaintiffs , who are mere strangers . " And I cannot think Justice WELLES , when he said , in Talman agt . Smith , ( ubi supra , ) the mortgagees " had a right to ...
... Barb . , 53 , 54 , ) is qualified . He says , " especially as against the plaintiffs , who are mere strangers . " And I cannot think Justice WELLES , when he said , in Talman agt . Smith , ( ubi supra , ) the mortgagees " had a right to ...
Page 538
... 54 Barb . 31. ) 7. Where one has unlawfully taken pos- session of another's property , the tort may be waived , and an action brought for its value . ( Hawk agt . Thorn , 54 Barb . 164. ) 8. Such a cause of action is assignable . ( id ...
... 54 Barb . 31. ) 7. Where one has unlawfully taken pos- session of another's property , the tort may be waived , and an action brought for its value . ( Hawk agt . Thorn , 54 Barb . 164. ) 8. Such a cause of action is assignable . ( id ...
Page 541
... 54 Barb . 375. ) 11. A contract made by an individual as the agent of both parties , is not void , but only voidable , at the election of the principal , if he come into court within a reasonable time . It is not necessary for a party ...
... 54 Barb . 375. ) 11. A contract made by an individual as the agent of both parties , is not void , but only voidable , at the election of the principal , if he come into court within a reasonable time . It is not necessary for a party ...
Page 543
... 54 Barb . 505. ) APPEAL . 1. It was the intention of the law , allow- ing appeals from justice's courts to the county court , " when the amount of the claim or claims for which judgment was demanded by either party in his pleadings in ...
... 54 Barb . 505. ) APPEAL . 1. It was the intention of the law , allow- ing appeals from justice's courts to the county court , " when the amount of the claim or claims for which judgment was demanded by either party in his pleadings in ...
Page 546
... 54 Barb . , 630 ) . 10. But where , after the perpetration by the defendant of certain alleged frauds , in the purchase of stock for the plain- tiff and refusing to transfer the same to him or to refund the money ad- vanced for such ...
... 54 Barb . , 630 ) . 10. But where , after the perpetration by the defendant of certain alleged frauds , in the purchase of stock for the plain- tiff and refusing to transfer the same to him or to refund the money ad- vanced for such ...
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Common terms and phrases
54 Barb act of congress action affidavits agreement alleged amendment amount appear applied appointed assignee attorney authority bankrupt cause certificate charge claim complaint consignee constitution contract corporation counsel court of equity creditors damages debt decision deed default defendant defendant's delivered delivery Digest directors duty election entitled equity Erie Railway Company evidence execution fact Fargo fraud grand jury granted held indictment injunction inspectors issue James Fisk judge judgment jurisdiction jury justice Keyes land lease liable lien matter ment mortgage motion notice owner oyer and terminer party payment person plaintiff possession premises proceedings proof proper provisions purchase question R. R. Co railroad receiver recover referee remaindermen socage special term statute statute of frauds stockholders suit supreme court tax payers testator thereof tion trial trust valid Veazie Bank verdict void witness York
Popular passages
Page 362 - ... Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person with whom or in whose name a contract is made for the benefit of another is a trustee of an express trust, within the meaning of this section.
Page 160 - Congress may restrain by suitable enactments the circulation as money of any notes not issued under its own authority. Without this power, indeed, its attempts to secure a sound and uniform currency for the country must be futile.
Page 40 - When a married woman is a party, her husband must be joined with her, except that, 1. When the action concerns her separate property, she may sue alone ; 2. When the action is between herself and her husband, she may sue or be sued alone.
Page 221 - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Page 201 - Claimant without deduction; and at such Time or Times, and at such Place or Places, as shall...
Page 86 - any married female may take by inheritance or by gift, grant, devise, or bequest, from any person other than her husband, and hold to her sole and separate use, and convey and devise, real and personal property, or any interest or estate therein, and the rents, issues, and profits thereof, in the same manner and with like effect as if she were unmarried, and the same shall not be subject to the disposal of her husband, or be liable for his debts.
Page 158 - But in the case before us the object of taxation is not the franchise of the bank, but property created, or contracts made and issued under the franchise, or power to issue bank bills. A railroad company, in the exercise of its corporate franchises, issues freight receipts, bills of lading, and passenger tickets; and it cannot be doubted that the organization of railroads is quite as important to the state as the organization of banks. But it will hardly be questioned that these contracts of the...
Page 346 - States; nor shall a writ of injunction be granted to stay proceedings in any court of a state...
Page 159 - It cannot be doubted that under the Constitution the power to provide a circulation of coin is given to Congress. And it is settled, by the uniform practice of the Government and by repeated decisions, that Congress may constitutionally authorize the emission of bills of credit.
Page 564 - 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.