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 79
Page 23
... statute . Edmonds , J .: This motion cannot be granted on the affi davit as it now stands . In order to obtain the order sought for by this motion , it is not sufficient that the affidavit follows the wording of the statute ; it must be ...
... statute . Edmonds , J .: This motion cannot be granted on the affi davit as it now stands . In order to obtain the order sought for by this motion , it is not sufficient that the affidavit follows the wording of the statute ; it must be ...
Page 30
... statute which I have quoted would be satisfied by being limited to the law- fulness of the authority under which the prisoner is detained , without being extended to the force of the evidence upon which the authority was enacted . ( Id ...
... statute which I have quoted would be satisfied by being limited to the law- fulness of the authority under which the prisoner is detained , without being extended to the force of the evidence upon which the authority was enacted . ( Id ...
Page 34
... statutes ; and , so far as the habeas corpus is concerned , it can use the writ only as it ministers to its appellate ... statute . Under the common law powers , it has always been compe- tent for the court in term to inquire , in the ...
... statutes ; and , so far as the habeas corpus is concerned , it can use the writ only as it ministers to its appellate ... statute . Under the common law powers , it has always been compe- tent for the court in term to inquire , in the ...
Page 35
... statute , gave a similar construction , and denied to an officer or judge acting upon a habeas corpus out of term ... Statutes authorizing the prisoner to deny any of the material facts set forth in the return , or allege any fact to ...
... statute , gave a similar construction , and denied to an officer or judge acting upon a habeas corpus out of term ... Statutes authorizing the prisoner to deny any of the material facts set forth in the return , or allege any fact to ...
Page 36
... statute , in respect to which the court in that case say : " If the warrant returned be good on the face of it , we can inquire no farther . " Can that be said of a statute which had its existence in a desire to remove doubts whether ...
... statute , in respect to which the court in that case say : " If the warrant returned be good on the face of it , we can inquire no farther . " Can that be said of a statute which had its existence in a desire to remove doubts whether ...
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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...