Practice Reports in the Supreme Court and Court of Appeals, Volume 26Joel Munsell, 1864 - Civil procedure |
From inside the book
Results 1-5 of 100
Page 11
... brought by the plaintiffs against the owners of the vessel for the injury they had sustained in giving credit to the bill . Bills of lading are regarded , in some sense , as negotiable instruments , and the right to the pro- perty ...
... brought by the plaintiffs against the owners of the vessel for the injury they had sustained in giving credit to the bill . Bills of lading are regarded , in some sense , as negotiable instruments , and the right to the pro- perty ...
Page 16
... brought in the name of a foreign administratrix who can have no standing in the court , as no administration had been taken out in this state . 2. That the action should have been brought against the " American Express Company , " and ...
... brought in the name of a foreign administratrix who can have no standing in the court , as no administration had been taken out in this state . 2. That the action should have been brought against the " American Express Company , " and ...
Page 18
... brought against the association in the manner prescribed by 3d R. S. ( 5th ed . p . 777 , §§122 , 125 ) , and judgment has been obtained against it , and an execution against it has been returned unsatisfied . It was , therefore , right ...
... brought against the association in the manner prescribed by 3d R. S. ( 5th ed . p . 777 , §§122 , 125 ) , and judgment has been obtained against it , and an execution against it has been returned unsatisfied . It was , therefore , right ...
Page 19
... brought by Mrs. Robbins to enable her to succeed to whatever rights her husband had in the original action , and prosecute it to a conclusion . One of the grounds on which such dismissal was asked for , was the legal disablility of Mrs ...
... brought by Mrs. Robbins to enable her to succeed to whatever rights her husband had in the original action , and prosecute it to a conclusion . One of the grounds on which such dismissal was asked for , was the legal disablility of Mrs ...
Page 21
... brought against the president or treasurer , in order to determine their liability , and the remedy against their joint property to be exhausted , before an action can be brought against the individual asso- ciates . The answer to the ...
... brought against the president or treasurer , in order to determine their liability , and the remedy against their joint property to be exhausted , before an action can be brought against the individual asso- ciates . The answer to the ...
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Common terms and phrases
39 Barb affirmed agent alleged amend answer apply assignment attorney authority Bank Binghamton Bridge Company bonds Bridge Company agt cause of action certiorari charge charter Chenango Bridge Company Chenango river claim clerk Code commenced common law complaint contract conveyance corporation costs counsel county court court of appeals court of equity creditor damages debt debtor deed defendant defendant's Delaware Delaware Bridge Delaware river demurrer discharge entitled equity evidence execution fact favor granted ground held husband imprisonment indorsed interest issued judge judgment judgment debtor jurisdiction jury justice land legislature liable Mary Christie ment mortgage motion obtained owner party payment person Piqua plaintiff premises principal proceedings provision purchaser question recover referee remittitur reversed rule saltpetre set-off sheriff special term statute of frauds suit supreme court Susquehannah tenant tion trial trustees void Wend wife York
Popular passages
Page 212 - That all murder, which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder in the second degree...
Page 354 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence.
Page 440 - A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had...
Page 211 - 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 a premeditated design to effect the death of any individual; or without a design to effect death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon or affecting the person killed or otherwise; or, 3.
Page 18 - A judgment is the final determination of the rights of the parties in the action or proceeding, and may be entered in term or vacation.
Page 122 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party; or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case...
Page 212 - The agent and warden attending the execution must prepare and sign a certificate, setting forth the time and place thereof, and that the convict was then and there executed, in conformity to the sentence of the court and the provisions of this Code, and must procure such certificate to be signed by all the persons present and witnessing the execution.
Page 43 - And in that state of things, the officers engaged in its military service might lawfully arrest any one, who, from the information before them, they had reasonable grounds to believe was engaged in the insurrection...
Page 426 - No reporter, editor, or proprietor of any newspaper is liable to any prosecution for a fair and true report of any judicial, legislative, or other public official proceedings, or of any statement, speech, argument, or debate in the course of the same, except upon proof of malice in making such report, which shall not be implied from the mere fact of publication.
Page 433 - Act relating to habeas corpus and regulating judicial proceedings in certain cases," approved March three, eighteen hundred and sixty-three, and all acts amendatory thereof.