Practice Reports in the Supreme Court and Court of Appeals, Volume 12Joel Munsell, 1856 - Civil procedure |
From inside the book
Results 1-5 of 96
Page 25
... debt for which the judgment was obtained was fraudulently contracted , an execution against the person of the defendant cannot issue , unless it appears that the action was one in which the defendant might have been arrested . And this ...
... debt for which the judgment was obtained was fraudulently contracted , an execution against the person of the defendant cannot issue , unless it appears that the action was one in which the defendant might have been arrested . And this ...
Page 29
... debt thus incurred by Dentz , and the parts applicable to the different causes of action are intermingled in the pleading . The two relate to the same sale ; and on one theory the plaintiff would recover the price of the goods as the ...
... debt thus incurred by Dentz , and the parts applicable to the different causes of action are intermingled in the pleading . The two relate to the same sale ; and on one theory the plaintiff would recover the price of the goods as the ...
Page 55
... debt . ( 2 R. S. 473-475 , §§ 92-99 ; see 7 Wend . 181 ; 4 Hill , 168 ; 11 Wend . 181. ) The overseers of the poor are agents of their town , and a judgment recovered against them , as such overseers , binds their town , within ...
... debt . ( 2 R. S. 473-475 , §§ 92-99 ; see 7 Wend . 181 ; 4 Hill , 168 ; 11 Wend . 181. ) The overseers of the poor are agents of their town , and a judgment recovered against them , as such overseers , binds their town , within ...
Page 56
... debt contracted on account of the liability of such town , the supervisors , upon the production to them of the record of the judgment , should have assessed , levied and collected the amount of such judgment , with interest thereon to ...
... debt contracted on account of the liability of such town , the supervisors , upon the production to them of the record of the judgment , should have assessed , levied and collected the amount of such judgment , with interest thereon to ...
Page 57
... debt was con- tracted in his official character , and that the town , or his suc- cessor in office , was liable to pay it ; and this court , at a gen- eral term thereof , affirmed the judgment of the county court . If the relator could ...
... debt was con- tracted in his official character , and that the town , or his suc- cessor in office , was liable to pay it ; and this court , at a gen- eral term thereof , affirmed the judgment of the county court . If the relator could ...
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Common terms and phrases
affidavit alleged allowed amend amount answer appear application appointed assessment assignment assignor attorney authority bail cause of action claim clerk Code commenced commissioners common law complaint confession of judgment constitution contract corporation costs counsel creditors debt debtor decision declared defendant defendant's demurrer denied duty entitled equitable exceptions execution executors facts fendant filed fraudulent granted ground held injunction intended issue John John Harrison judge judgment judgment-debtor jurisdiction jury Justice lands legislature liable liquors M'Intosh mandamus matter ment mortgage motion necessary New-York Special Term notice objection officers order of arrest owner party payment person plain plaintiff pleading premises proceedings promissory note provisions question receiver recover referee remedy Schuyler county sheriff statute subrogation sufficient suit summons supervisors SUPREME COURT sustained thereof Thomas Burroughs tiff tion Toynbee-same agt trial trustees verdict Wend witness Wynhammer
Popular passages
Page 241 - 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 130 - The commissioned officers of the militia shall be commissioned by the Governor ; and no commissioned officer shall be removed from office, unless by the Senate on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the decision of a court martial, pursuant to law. The present officers of the militia shall hold their commissions subject to removal, as before provided.
Page 117 - ... shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 250 - It may well be doubted whether the nature of society and of government does not prescribe some limits to the legislative power; and if any be prescribed, where are they to be found, if the property of an individual, fairly and honestly acquired, may be seized without compensation?
Page 176 - ... into the next circuit court, to be held in the district where the suit is pending...
Page 25 - ... after the return of an execution against his property unsatisfied in whole or in part...
Page 180 - ... it shall then be the duty of the state court to accept the surety, and proceed no further in the cause...
Page 83 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Page 99 - In a final order affecting a substantial right, made in a special proceeding, or upon a summary application in an action, after judgment.
Page 180 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...