Practice Reports in the Supreme Court and Court of Appeals, Volume 12Joel Munsell, 1856 - Civil procedure |
From inside the book
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Page 5
... rule of construction , in both courts , is the actual intention of the parties , as collected from the words they have used . And certainly there are no words in the covenant relied on , from which it can be inferred that the parties ...
... rule of construction , in both courts , is the actual intention of the parties , as collected from the words they have used . And certainly there are no words in the covenant relied on , from which it can be inferred that the parties ...
Page 13
... rule is , therefore , ap- plicable , that the act of an agent , within the scope of his au- thority , is , in judgment of law , that of his principal ; and I am , consequently , unable to see why the effect of the determination . of the ...
... rule is , therefore , ap- plicable , that the act of an agent , within the scope of his au- thority , is , in judgment of law , that of his principal ; and I am , consequently , unable to see why the effect of the determination . of the ...
Page 14
... rules of law that govern the use and dis- position of property by private persons . He cannot release himself from the observance of those rules , nor by his sole au- thority change or modify them . But the parliament of Eng- land is ...
... rules of law that govern the use and dis- position of property by private persons . He cannot release himself from the observance of those rules , nor by his sole au- thority change or modify them . But the parliament of Eng- land is ...
Page 15
... rule , that the legislature has no right to create , or authorize the creation of , a nuisance , it seems not possible to deny , that there are special cases that must be considered as exceptions from the rule . It cannot be denied ...
... rule , that the legislature has no right to create , or authorize the creation of , a nuisance , it seems not possible to deny , that there are special cases that must be considered as exceptions from the rule . It cannot be denied ...
Page 17
... rules of pleading . Nor should those acts be held to affect the rights of married women , except by the strictest construction of their provisions . Dutchess Special Term , Nov. , 1855 . THE complaint in this case states , that the ...
... rules of pleading . Nor should those acts be held to affect the rights of married women , except by the strictest construction of their provisions . Dutchess Special Term , Nov. , 1855 . THE complaint in this case states , that the ...
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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...