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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Page 15
... 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 Code , on the ground that it was evident that the ...
... 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 Code , on the ground that it was evident that the ...
Page 18
... taken was , that the Code , under which the complaint was filed , was unconstitutional . Edmonds , J .: In what respect is the Code alleged to be unconstitutional ? Gould : The commissioners exceeded the authority con- ferred upon them ...
... taken was , that the Code , under which the complaint was filed , was unconstitutional . Edmonds , J .: In what respect is the Code alleged to be unconstitutional ? Gould : The commissioners exceeded the authority con- ferred upon them ...
Page 28
... taken before the magistrate he re- fused to examine the complainant in their presence , though they demanded it , and committed them for trial . The allega tions also averred the innocence of the accused , and that the money they were ...
... taken before the magistrate he re- fused to examine the complainant in their presence , though they demanded it , and committed them for trial . The allega tions also averred the innocence of the accused , and that the money they were ...
Page 29
... taken before the magistrate . I had understood the law otherwise , and have always sup- posed that by means of this writ the officers who were author- ized to allow it were , by its very nature , clothed with a certain revisory power ...
... taken before the magistrate . I had understood the law otherwise , and have always sup- posed that by means of this writ the officers who were author- ized to allow it were , by its very nature , clothed with a certain revisory power ...
Page 33
... taken of it . That court has , under the Constitution , original jurisdic- tion in cases affecting ambassadors , and the like , and those in which a State shall be a party . In all other cases it has only appellate power . The judiciary ...
... taken of it . That court has , under the Constitution , original jurisdic- tion in cases affecting ambassadors , and the like , and those in which a State shall be a party . In all other cases it has only appellate power . The judiciary ...
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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...