Practice Reports in the Supreme Court and Court of Appeals, Volume 38Joel Munsell, 1870 - Civil procedure |
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Page 16
... answer or demurrer . ( Code , § 144 , 47. ) 2. With reference to questions of jurisdiction dependent on citizenship , defenses must be made in the first instance , and if not made in the first instance , are waived . If the opposing ...
... answer or demurrer . ( Code , § 144 , 47. ) 2. With reference to questions of jurisdiction dependent on citizenship , defenses must be made in the first instance , and if not made in the first instance , are waived . If the opposing ...
Page 47
... answer , but are directly contradicted by the lienor . At the same time they admit that the lien was paid prior to the sale , and as the subsequent proceedings they set up are irregular on their face , they are an admission that the ...
... answer , but are directly contradicted by the lienor . At the same time they admit that the lien was paid prior to the sale , and as the subsequent proceedings they set up are irregular on their face , they are an admission that the ...
Page 64
... answer the statute demands , the memorandum must express the contract , or the parties are not bound . As was said by Chief Justice KENT , in Bailey agt . Ogden , ( 3 J. R. , 399 , 418 ) , " the form of the memorandum is not material ...
... answer the statute demands , the memorandum must express the contract , or the parties are not bound . As was said by Chief Justice KENT , in Bailey agt . Ogden , ( 3 J. R. , 399 , 418 ) , " the form of the memorandum is not material ...
Page 79
... answered , and are not within such privilege . Southern District of New York , September , 1869 . Before JOHN FITCH , Register . The attorneys for Edward C. Williams , assignee of said bankrupts , claim the right to examine a witness in ...
... answered , and are not within such privilege . Southern District of New York , September , 1869 . Before JOHN FITCH , Register . The attorneys for Edward C. Williams , assignee of said bankrupts , claim the right to examine a witness in ...
Page 82
... answer to which does not betray any confidential communication between attorney and client . " An attorney or counsel may be called on to testify to a collateral fact within his knowledge or to a fact which he might know without being ...
... answer to which does not betray any confidential communication between attorney and client . " An attorney or counsel may be called on to testify to a collateral fact within his knowledge or to a fact which he might know without being ...
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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.