Practice Reports in the Supreme Court and Court of Appeals, Volume 20Joel Munsell, 1860 - Civil procedure |
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Page 87
... trial , obtained judgments against the defendants in the marine court of the city of New York . The comptroller of the city of New York , under the act of 1859 , ( Laws of 1859 , p . 1127 , ) caused a motion to be made in the court of ...
... trial , obtained judgments against the defendants in the marine court of the city of New York . The comptroller of the city of New York , under the act of 1859 , ( Laws of 1859 , p . 1127 , ) caused a motion to be made in the court of ...
Page 98
... trial , the defendants were allowed to prove that the vessel would earn $ 40 per day during the season of navigation , which rate was allowed by the referee , held , error . The true rule of damages should have been proved by showing ...
... trial , the defendants were allowed to prove that the vessel would earn $ 40 per day during the season of navigation , which rate was allowed by the referee , held , error . The true rule of damages should have been proved by showing ...
Page 102
... trial , was reversed , and a new trial ordered , the general term delivering the following opinion : By the court , E. DARWIN SMITH , Justice . The referee finds that if the vessel in this case had been completed , in- cluding the extra ...
... trial , was reversed , and a new trial ordered , the general term delivering the following opinion : By the court , E. DARWIN SMITH , Justice . The referee finds that if the vessel in this case had been completed , in- cluding the extra ...
Page 103
... trial granted , with costs to abide the event . On the second trial the referee stated his conclusions of fact and law as follows : After the best consideration I have been able to give this case , I have arrived at the following ...
... trial granted , with costs to abide the event . On the second trial the referee stated his conclusions of fact and law as follows : After the best consideration I have been able to give this case , I have arrived at the following ...
Page 104
... trial in the case , that is not the true rule of damages , and I therefore reject all the evidence given by the defendants upon that trial , which was objected to by the plaintiffs and received by me subject to their objection . I ...
... trial in the case , that is not the true rule of damages , and I therefore reject all the evidence given by the defendants upon that trial , which was objected to by the plaintiffs and received by me subject to their objection . I ...
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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.