Practice Reports in the Supreme Court and Court of Appeals, Volume 11Joel Munsell, 1856 - Civil procedure |
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Page 1
... decision in the court of appeals in Valarino agt . Thompson , ( 3 Selden , 576 , ) it is settled that it is the right and privilege of the United States , that a foreign consul residing here should be sued by the federal courts . Under ...
... decision in the court of appeals in Valarino agt . Thompson , ( 3 Selden , 576 , ) it is settled that it is the right and privilege of the United States , that a foreign consul residing here should be sued by the federal courts . Under ...
Page 21
... decision in the above case was not put on the ground that the letter from the plaintiffs ' attorney was a waiver of the prior demand and refusal , and an offer then to accept the prop- erty , but on the ground that the offer to deliver ...
... decision in the above case was not put on the ground that the letter from the plaintiffs ' attorney was a waiver of the prior demand and refusal , and an offer then to accept the prop- erty , but on the ground that the offer to deliver ...
Page 51
... decision of Chancellor WALWORTH in Hoyt agt . M'Kenzie , made the order appealed from . The motion , upon the appeal for the reversal of this deci sion , was twice argued by E. D. CULVER , for the plaintiff , and W. W. NILES , for the ...
... decision of Chancellor WALWORTH in Hoyt agt . M'Kenzie , made the order appealed from . The motion , upon the appeal for the reversal of this deci sion , was twice argued by E. D. CULVER , for the plaintiff , and W. W. NILES , for the ...
Page 52
... decision of the ques- tion properly belongs . It is not necessary that we should de- cide it , since we are clearly ... decisions in our own courts appear to have settled that there are only two classes of cases in which the jurisdiction ...
... decision of the ques- tion properly belongs . It is not necessary that we should de- cide it , since we are clearly ... decisions in our own courts appear to have settled that there are only two classes of cases in which the jurisdiction ...
Page 59
... decision in Hoyt agt . M'Kenzie is an express authority in favor of the defendants ; and if , as is asserted , we are under a positive obligation to fol- low that decision , it must be owned that we have no power to grant to the ...
... decision in Hoyt agt . M'Kenzie is an express authority in favor of the defendants ; and if , as is asserted , we are under a positive obligation to fol- low that decision , it must be owned that we have no power to grant to the ...
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affidavit alleged allowed amend American Exchange Bank amount answer appeal application assignor attachment attorney authority averment Baker Bank Berberrich and Toynbee bill cause of action claim clerk Code commenced complaint constitution contract costs counsel county judge court of equity creditors debt debtor decision defendant defendant's demurrer denied entitled equity evidence execution executors facts fendant filed granted ground held Hornellsville injunction intended interpleader issue John judgment judgment debtor jurisdiction jury Justice legislature letters Lord ELDON Mali matter ment Mills agt motion necessary New-York Special Term notice objection offence officer opinion owner party payment person plaintiff plaintiff in error pleading possession promissory note provisions purchase question receiver recover reference remedy replevin Revised Statutes rule sell sheriff sold stay of proceedings sufficient suit SUPREME COURT taken thereof Thursby tion trial Wend wife witness Woolsey agt
Popular passages
Page 342 - The fundamental maxims of a free government seem to require that the rights of personal liberty and private property should be held sacred. At least, no court of justice in this country would be warranted in assuming that the power to violate and disregard them — a power so repugnant to the common principles of justice and civil liberty — lurked under any general grant of legislative authority, or ought to be implied from any general expressions of the will of the people. The people ought not...
Page 339 - THERE is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of . property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world} in total exclusion of the right of any other individual in the universe.
Page 529 - After the issuing of an execution against property, and upon proof by affidavit, of a party or otherwise, to the satisfaction of the court, or a judge thereof, or county judge, that any judgment debtor has property, which he unjustly refuses to apply towards the satisfaction of the judgment...
Page 317 - THE third absolute right, inherent in every Englishman, is that of property : which consists in the free use, enjoyment, and disposal of all his acquisitions, without any control or diminution, save only by the laws of the land.
Page 354 - The true reason of the remedy ? And then the office of all the judges is always to make such construction as shall suppress the mischief and advance the remedy...
Page 306 - ... shall be deemed guilty of a misdemeanor and punished by a fine of not less than fifty dollars nor more than...
Page 150 - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Page 63 - I am of opinion that it is only a special property in the receiver, possibly the property of the paper may belong to him ; but this does not give a license to any person whatsoever to publish them to the world, for at most the receiver has only a joint property with the writer.
Page 354 - That for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered. 1. What was the common law before the making of the act? 2. What was the mischief and defect for which the common law did not provide? 3. What remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth? And 4. The true reason of the remedy?
Page 294 - ... he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall forfeit and pay a fine of not more than five hundred dollars, or be imprisoned in the District jail not less than two months or more than one year or both in the discretion of the court.