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 15
... trial , solely on the ground that the plaintiff has not legal capacity to sue , is not a bar to another action legally insti- tuted by the plaintiff . But it is otherwise , if the judgment of dismissal is on the ground that the action ...
... trial , solely on the ground that the plaintiff has not legal capacity to sue , is not a bar to another action legally insti- tuted by the plaintiff . But it is otherwise , if the judgment of dismissal is on the ground that the action ...
Page 18
... trial , and they contain no pleading except the supplemental complaint and the answer thereto . The defendants ' motion for a new trial should be denied and an order be entered dismissing the supplemental com- plaint absolutely with ...
... trial , and they contain no pleading except the supplemental complaint and the answer thereto . The defendants ' motion for a new trial should be denied and an order be entered dismissing the supplemental com- plaint absolutely with ...
Page 24
... trial was insuffi- cient to establish the loss of the goods while in possession of the defendants or in that of the express company . There is no evidence whatever to show that the invoice or bill which was in the hands of the Iowa ...
... trial was insuffi- cient to establish the loss of the goods while in possession of the defendants or in that of the express company . There is no evidence whatever to show that the invoice or bill which was in the hands of the Iowa ...
Page 32
... trial on this exception . Where the referee has stated the facts separately upon which he rests his legal con- clusions , the objection that he should have found other facts should be reserved for the decision of the appellate court ...
... trial on this exception . Where the referee has stated the facts separately upon which he rests his legal con- clusions , the objection that he should have found other facts should be reserved for the decision of the appellate court ...
Page 38
... the right to life and property . " To bereave of his life a man not condemned by any legal trial , " it was contended , " is so egregious an exercise of Jones agt . Seward . tyranny that it must at 38 NEW YORK PRACTICE REPORTS .
... the right to life and property . " To bereave of his life a man not condemned by any legal trial , " it was contended , " is so egregious an exercise of Jones agt . Seward . tyranny that it must at 38 NEW YORK PRACTICE REPORTS .
Other editions - View all
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.