Practice Reports in the Supreme Court and Court of Appeals, Volume 20Joel Munsell, 1860 - Civil procedure |
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Page 25
... plaintiff and defendant were consulting as to payment , the defendant's agent drove off the cattle , and had them slaughtered the same day . And the defendant thereupon induced the plaintiff to accept a draft , which , he said , would ...
... plaintiff and defendant were consulting as to payment , the defendant's agent drove off the cattle , and had them slaughtered the same day . And the defendant thereupon induced the plaintiff to accept a draft , which , he said , would ...
Page 28
... plaintiff and Ripley ; but in anticipation of such event , entirely contingent , it will not answer to interfere with a present vested interest of an entirely different character . The debt of McConochie & Co. is not disputed ; the ...
... plaintiff and Ripley ; but in anticipation of such event , entirely contingent , it will not answer to interfere with a present vested interest of an entirely different character . The debt of McConochie & Co. is not disputed ; the ...
Page 39
... plaintiff , by his attorney , commenced an action in the supreme court against one Clark , in the course of which the appellants executed an undertaking as bail on arrest of defendant . The plaintiff obtained judgment in 1852 , at which ...
... plaintiff , by his attorney , commenced an action in the supreme court against one Clark , in the course of which the appellants executed an undertaking as bail on arrest of defendant . The plaintiff obtained judgment in 1852 , at which ...
Page 60
... plaintiff opposed the adjustment of costs before the clerk , and appealed from his adjustment . At special term the adjustment was confirmed , and the plaintiff appealed to the general term from such order . H. O. CHESEBRO , for plaintiff ...
... plaintiff opposed the adjustment of costs before the clerk , and appealed from his adjustment . At special term the adjustment was confirmed , and the plaintiff appealed to the general term from such order . H. O. CHESEBRO , for plaintiff ...
Page 61
... plaintiff is entitled to costs . The plaintiff , in this case , if he were suing any person but executors or administrators would be liable to costs . But section 317 declares that in actions prosecuted or defended by an executor or ...
... plaintiff is entitled to costs . The plaintiff , in this case , if he were suing any person but executors or administrators would be liable to costs . But section 317 declares that in actions prosecuted or defended by an executor or ...
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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.