Reports of Cases in Law and Equity in the Supreme Court of the State of New YorkGould, Banks & Gould, 1860 - Law reports, digests, etc |
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Page 17
... trial , the point was taken that the plaintiff's mill being on a public stream was a nuisance , and no right of action existed for its obstruc- tion , & c . On this point Justice Spencer said : " Whether the Hudson river be considered ...
... trial , the point was taken that the plaintiff's mill being on a public stream was a nuisance , and no right of action existed for its obstruc- tion , & c . On this point Justice Spencer said : " Whether the Hudson river be considered ...
Page 53
... trial . By stipulation between the parties , it was agreed that the question of the value of the property taken by the defendants , and their receipts and pay- ments , should be waived until the court should determine whether the ...
... trial . By stipulation between the parties , it was agreed that the question of the value of the property taken by the defendants , and their receipts and pay- ments , should be waived until the court should determine whether the ...
Page 63
... trial , to nonsuit the plaintiff . The judgment and executions in the ejectment suit were no justification to the defendants for arresting the plaintiff . ( 1. ) An execution against the person of a plaintiff , for costs , cannot issue ...
... trial , to nonsuit the plaintiff . The judgment and executions in the ejectment suit were no justification to the defendants for arresting the plaintiff . ( 1. ) An execution against the person of a plaintiff , for costs , cannot issue ...
Page 69
... trial of the plaintiff's right , and not to give him a right which he had not before . Hence it must appear that the plaintiff had actually the possession and was ousted thereof by the defendant ; for the action of ejectment is an ...
... trial of the plaintiff's right , and not to give him a right which he had not before . Hence it must appear that the plaintiff had actually the possession and was ousted thereof by the defendant ; for the action of ejectment is an ...
Page 70
... trial of this action the defendants produced and read in evidence the record of the judgment in this court , upon which the execution against the body of the plaintiff was issued , and under which the defendants claimed to justify the ...
... trial of this action the defendants produced and read in evidence the record of the judgment in this court , upon which the execution against the body of the plaintiff was issued , and under which the defendants claimed to justify the ...
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agreement Albany alleged amount appear apply assembly districts assignment authority Bank Barb bond cause of action cestui que trust charge claim common law complaint constitution contract corporation costs county treasurer court creditors Cumberland Coal debt deed defendant defendant's duty election entitled equity evidence execution executors fact farm fendant held Hoffman company husband indorsed injury intended interest issued John Johnson judge judgment jurisdiction jury justice lands lease legislature liability lien McKinney ment mortgage nonsuit objection owner paid parties payable payment person plaintiff possession preferred stock premises principle provision purchase question quo warranto Rail Road Company recover reference rents rule Schoharie county Sherman special term statute suit supervisors sureties T. R. Strong Terpening testator thereof tiff tion town trial trustee usury valid Van Schaick void warrant Wend Western Rail Road wife witnesses York