Reports of Select Cases Decided in the Courts of New York: Not Heretofore Reported, Or Reported Only PartiallyDiossy, 1883 - Law reports, digests, etc |
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Results 1-5 of 35
Page 15
... affidavit of merits being filed , an inquest was taken at the Orange Circuit , in October , 1848 . At the time of rendering the verdict , Fullerton , for plaintiff , moved for an allowance of the ten per cent , under section 263 of the ...
... affidavit of merits being filed , an inquest was taken at the Orange Circuit , in October , 1848 . At the time of rendering the verdict , Fullerton , for plaintiff , moved for an allowance of the ten per cent , under section 263 of the ...
Page 20
... affidavit of service of summons , and copy complaint , and of no answer having been received for judgment in this action . Morris , for the defendant , opposed the motion , on the ground that it appeared by the complaint that the action ...
... affidavit of service of summons , and copy complaint , and of no answer having been received for judgment in this action . Morris , for the defendant , opposed the motion , on the ground that it appeared by the complaint that the action ...
Page 23
... affidavit following the alternative wording of the statute is not suffi cient . THIS was a motion for an order to examine a person under section 249 of the Code . The motion was founded on an affidavit that the party sought to be ...
... affidavit following the alternative wording of the statute is not suffi cient . THIS was a motion for an order to examine a person under section 249 of the Code . The motion was founded on an affidavit that the party sought to be ...
Page 41
... Affidavits should be free from erasures and interlineations . The court will in some cases require further evidence of the truth of the complaint , than the affidavit of the plaintiff of his belief that the com- plaint is true , before ...
... Affidavits should be free from erasures and interlineations . The court will in some cases require further evidence of the truth of the complaint , than the affidavit of the plaintiff of his belief that the com- plaint is true , before ...
Page 42
... affidavit that on the 15th of August , Warner said to the plaintiff's attorney's clerk , that " said summons and copy complaint had been served on him , " but what summons , and when returnable , is not mentioned . 3. The affidavit of ...
... affidavit that on the 15th of August , Warner said to the plaintiff's attorney's clerk , that " said summons and copy complaint had been served on him , " but what summons , and when returnable , is not mentioned . 3. The affidavit of ...
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Common terms and phrases
affidavit alleged allow amended answer appeal application arrest asked authority averment bill cause of action Charles Crowe claim Clark and James Code committed complaint constitute conviction counsel creditor crime criminal deceased declared defendant defendant's demurrer denied design to effect discharge district attorney duty EDMONDS effect death enacted evidence examination execution executor fact felony fire granted ground guilty habeas corpus Henry Carnel Henry Clay homicide indictment injunction injury inquire intention to kill interest issued James Sullivan Joseph Clark judgment jurisdiction juror Justice legislature magistrate manslaughter matter ment motion murder ne exeat necessary objection obtained offense officer opinion Oyer and Terminer party perpetrated person plaintiff pleading premeditated design prisoner prisoner's proceedings prosecution purpose question resident Revised Statutes rule sentence sheriff Special Term suit Supreme Court testator tion Tompkins trial verdict warrant Wend Westchester county wife witness writ of error YORK OYER
Popular passages
Page 112 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 341 - When perpetrated by any act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual : "3.
Page 109 - ... to be secretly confined or imprisoned in this state, or to be sent out of the state, or...
Page 302 - From a deliberate and premeditated design to effect the death of the person killed, or of another ; or 2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without...
Page 112 - ... Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued...
Page 104 - No person offered as a witness shall be excluded by reason of his interest in the event of the action.
Page 112 - ... although the death shall have been caused under such circumstances as amount in law to felony.
Page 343 - If any person or persons shall commit upon the high seas, or in any river, haven, basin or bay, out of the jurisdiction of any particular state...
Page 292 - The killing of a human being, unless it is excusable or justifiable, is murder in the first degree, when committed : 1. From a deliberate and premeditated design to effect the death of the person killed, or of another ; or 2.
Page 185 - ... undoubted authority to control all persons and things within, their own territorial limits. When, therefore, both parties to a suit in a foreign country, are...