Practice Reports in the Supreme Court and Court of Appeals, Volume 26Joel Munsell, 1864 - Civil procedure |
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Page 13
... executed by Pexcel Fowler and left with the plaintiffs . The supreme court held the defend- ants liable , Ch . J. NELSON dissenting ; and the ground of his dissent is given in the first paragraph of his opinion as follows : " The ...
... executed by Pexcel Fowler and left with the plaintiffs . The supreme court held the defend- ants liable , Ch . J. NELSON dissenting ; and the ground of his dissent is given in the first paragraph of his opinion as follows : " The ...
Page 15
... execution thereon has been issued and returned unsatisfied . That is , the remedy at law must be first fully exhausted against the association , before an action will lie against the individual members . General Term , June , 1863 ...
... execution thereon has been issued and returned unsatisfied . That is , the remedy at law must be first fully exhausted against the association , before an action will lie against the individual members . General Term , June , 1863 ...
Page 18
... execution against it has been returned unsatisfied . It was , therefore , right to order the supplemental complaint to be dismissed . The case states that the complaint was dismissed at the trial . This clearly means the supplemental ...
... execution against it has been returned unsatisfied . It was , therefore , right to order the supplemental complaint to be dismissed . The case states that the complaint was dismissed at the trial . This clearly means the supplemental ...
Page 21
... execution against the officers of the association ; and even if the defendants are at all proper parties to the supplemental action , clearly the officers in question should be added , and in that respect there is a defect of parties ...
... execution against the officers of the association ; and even if the defendants are at all proper parties to the supplemental action , clearly the officers in question should be added , and in that respect there is a defect of parties ...
Page 29
... execution cannot be resorted to , except to enforce a judgment at law against a married woman ; and in that case the execution can only reach property in which she has a legal estate , and which is of such a nature as to be liable to ...
... execution cannot be resorted to , except to enforce a judgment at law against a married woman ; and in that case the execution can only reach property in which she has a legal estate , and which is of such a nature as to be liable to ...
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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.