Practice Reports in the Supreme Court and Court of Appeals, Volume 26Joel Munsell, 1864 - Civil procedure |
From inside the book
Results 1-5 of 95
Page 4
... respecting bills of ex- change and promissory notes affect checks on bankers . ( Chitty on Bills , 515 ; Harker agt . Anderson , 21 Wend . 372 ) . I assume that the practice of having the drawee mark and certify upon the face of the ...
... respecting bills of ex- change and promissory notes affect checks on bankers . ( Chitty on Bills , 515 ; Harker agt . Anderson , 21 Wend . 372 ) . I assume that the practice of having the drawee mark and certify upon the face of the ...
Page 5
... respect to all the subsequent holders the party making and uttering the certificate stands in the position of an acceptor with all the responsibilties incident to that relation . The certificate means nothing less than this , but it ...
... respect to all the subsequent holders the party making and uttering the certificate stands in the position of an acceptor with all the responsibilties incident to that relation . The certificate means nothing less than this , but it ...
Page 12
... respect thereto , depends upon the fact of its being shipped ; and persons intending to acquire title to it by indorsement and transfer of the bill , know , by the universal usage as well as by the terms of the bill , that the act of ...
... respect thereto , depends upon the fact of its being shipped ; and persons intending to acquire title to it by indorsement and transfer of the bill , know , by the universal usage as well as by the terms of the bill , that the act of ...
Page 21
... respect there is a defect of parties . The dismissal of the supplemental complaint was , there- fore , proper , and should be affirmed with costs . On the character of the evidence on the merits , I do not undertake to pass . BARBOUR ...
... respect there is a defect of parties . The dismissal of the supplemental complaint was , there- fore , proper , and should be affirmed with costs . On the character of the evidence on the merits , I do not undertake to pass . BARBOUR ...
Page 29
... respects , to the judgment ap- proved by the court in Yale agt . Dederer ( 21 Barb . 292 ) . The defendant now moves to modify the judgment so that it shall direct : 1 , " that the separate property of the de- fendant Anna , or so much ...
... respects , to the judgment ap- proved by the court in Yale agt . Dederer ( 21 Barb . 292 ) . The defendant now moves to modify the judgment so that it shall direct : 1 , " that the separate property of the de- fendant Anna , or so much ...
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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.