Practice Reports in the Supreme Court and Court of Appeals, Volume 20Joel Munsell, 1860 - Civil procedure |
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Results 1-5 of 81
Page 22
... debtor , to delay the remedy of the creditor . But that is not the question here presented . The principal has unexpectedly to the bail , returned within their reach , the action against them is still pending , and the question is , not ...
... debtor , to delay the remedy of the creditor . But that is not the question here presented . The principal has unexpectedly to the bail , returned within their reach , the action against them is still pending , and the question is , not ...
Page 23
... debtor in execution , and if the defendants here have the money of the debtor in their hands , or other indemnity , they ought not to be allowed further time in which to surrender the body , to the plaintiffs ' prejudice , when it could ...
... debtor in execution , and if the defendants here have the money of the debtor in their hands , or other indemnity , they ought not to be allowed further time in which to surrender the body , to the plaintiffs ' prejudice , when it could ...
Page 24
... debtor in their hands out of which they could repay themselves , in case of a recovery against them , or other indemnity . And in Coles agt . De Hayne , ( id . 52 , ) where the defendant had been sent out of the country in the same way ...
... debtor in their hands out of which they could repay themselves , in case of a recovery against them , or other indemnity . And in Coles agt . De Hayne , ( id . 52 , ) where the defendant had been sent out of the country in the same way ...
Page 26
... debtors , upon the property of the latter , they may not be called upon to permit the property of their debtors to go into the hands of a receiver , except it should be to secure the payment of their debt , or the appointment made ...
... debtors , upon the property of the latter , they may not be called upon to permit the property of their debtors to go into the hands of a receiver , except it should be to secure the payment of their debt , or the appointment made ...
Page 28
... debtors to be disposed of for the payment of their debts . It would require a very strong case to induce the court to vary this contract , and itself undertake to act by its agents , and receive and dispose of the ore for the benefit of ...
... debtors to be disposed of for the payment of their debts . It would require a very strong case to induce the court to vary this contract , and itself undertake to act by its agents , and receive and dispose of the ore for the benefit of ...
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Common terms and phrases
32 Barb affidavit alleged amend amount answer Ante application appointed assessment assignment attachment attorney authority bail Bank Bank of Toronto Bosw cause of action certiorari claim Code commissioners common council common pleas complaint constitution contract corporation costs county judge court of equity creditors debt debtor decision deed defendant demurrer denied duty entitled equity evidence execution facts fraud fraudulent granted ground held indorser injunction intended interest issue judgment judgment debtor jurisdiction jury Justice lands legislature liable lien mandamus Mayor ment mortgage motion nunc pro tunc old firm order of arrest owner paid party payment person plaintiff possession proceedings promissory note provisions purchase question railroad real estate received recover referee rendered Rogers agt sheriff Smith agt statute street sufficient suit supreme court thereof tion trial trustee usury vacate verdict vessel void Wilson witnesses
Popular passages
Page 120 - The governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Page 350 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 233 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 256 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, 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...
Page 156 - That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute...
Page 31 - The judges of the Court of Appeals and justices of the Supreme Court shall severally receive at stated times for their services, a compensation to be established by law, which shall not be increased or diminished during their continuance in office.
Page 186 - ... per cent. of its capital, after deducting the assessed value of its real estate, and all shares of stock in other corporations actually owned by such company which are taxable upon their capital stock under the laws of this state, shall be assessed at its actual value and taxed in the same manner as the other real and personal estate of the county.
Page 81 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Page 340 - A judgment by confession may be entered without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this Chapter.
Page 60 - ... and the judgment of the court thereon shall be as valid and effectual in all respects as if the same had been rendered in a suit commenced by ordinary process.