Practice Reports in the Supreme Court and Court of Appeals, Volume 36Joel Munsell, 1869 - Civil procedure |
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Common terms and phrases
50 Barb affidavit affirmed agreement alleged allowed amount appeal apply assessment assessors assignment attorney authority Bank bankrupt bill cause of action charge claim Code common law complaint contract corporation costs counsel county court court of equity creditors damages debt debtor deed defendant defendant's defense of infancy delivered demurrer discharge dollars dower draft duty election entitled evidence examination execution fact fraud fraudulent Frederick D held horse husband injunction injury intent issue judge judgment jury justice land liable liquidated damages matter ment mortgage motion negligence notice old firm owner paid parties payment petitioner plaintiff premises proceedings proof purchase question railroad received recover referee refused rendered reversed Robt rule schooner scienter special term statute steamer sufficient supreme court Tappen taxes thereof tiff tion trial trustees void Wend wife witness York
Popular passages
Page 6 - I, AB, do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States...
Page 172 - DISTRICT COURT OF THE UNITED STATES — DISTRICT OF . Whereas has been duly adjudged a bankrupt under the act of Congress establishing a uniform system of bankruptcy throughout the United States, and appears to have conformed to all the requirements of law in that behalf...
Page 10 - A bill of attainder is a legislative act which inflicts punishment without a judicial trial. If the punishment be less than death, the act is termed a bill of pains and penalties. Within the meaning of the Constitution, bills of attainder include bills of pains and penalties.
Page 600 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Page 154 - So strictly is this principle adhered to, that no question is allowed to be raised as to the fairness or unfairness of a contract so entered into.
Page 455 - ... all accounts in the public offices, and all proceedings in the courts of the United States, shall be kept and had in conformity to this regulation.
Page 373 - And any married woman may bring and maintain an action in her own name, for damages against any person or body corporate, for any injury to her person or character, the same as if she were sole...
Page 219 - ... dance, or by transferring it from one instrument to another, does not, even to common apprehensions, alter the original subject. The ear tells you that it is the same. The original air requires the aid of genius for its construction, but a mere mechanic in music can make the adaptation or accompaniment. Substantially, the piracy is, where the appropriated music, though adapted to a different purpose from that of the original, may still be recognized by the ear. The adding variations makes no...
Page 554 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; "2.
Page 14 - Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall remain inviolate forever...