Practice Reports in the Supreme Court and Court of Appeals, Volume 24Joel Munsell, 1863 - Civil procedure |
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Common terms and phrases
36 Barb affidavit affirmed agent agreement alleged allowed amount answer ante apply arrest assignment assignor attorney authority bank bill Bosw Brown cause of action charge claim clerk Code commenced common law complaint contract corporation costs court of appeals court of equity creditor damages debt debtor deceased decision defendant defendant's demurrer duty entitled equity evidence ex rel execution executor fact favor fendant filed foreclosure granted ground held indictment intended issue judge judgment Jules Jurgensen jury Justice letters testamentary liable lien ment mortgage motion negligence notice offence owner paid party payment person plaintiff proceedings provisions punishment purchase question Railroad Company received recover referee referred remedy reversed Revised Statutes rule security for costs sheriff special term sufficient suit SUPREME COURT sustained testator tiff tion trial usury verdict wife witness York Central Railroad York General Term
Popular passages
Page 438 - 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 147 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Page 153 - It must be ascertained Judicially that he has forfeited his privileges, or that some one else has a superior title to the property he possesses, before either of them can be taken from him. It cannot be done by mere legislation.
Page 214 - If any person whose husband or wife shall have absented himself or herself for the space of five successive years, without being known to such person to be living during that time, shall marry during the life-time of such absent husband or wife, the marriage shall be void only from the time that its nullity shall be pronounced by a court of competent authority.
Page 295 - ... is conclusively presumed, if made by a person having at the time the possession or control of the property, and not accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things transferred, to be fraudulent, and therefore void, against those who are his creditors while he remains in possession...
Page 50 - That he is the applicant in the foregoing application, that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Page 515 - I take the effect of repealing a statute to be. to obliterate it as completely from the records of the Parliament as if it had never been passed ; and it must be considered as a law that never existed, except for the purpose of those actions which were commenced, prosecuted, and concluded whilst it was an existing law
Page 288 - Until the judgment against the defendant shall be paid, the sheriff may proceed to collect the notes and other evidences of debt, and the debts that may have been seized or attached...
Page 22 - An appeal must be made, by the service of a notice in •writing on the adverse party, and on the clerk, with whom the judgment or order appealed from is entered, stating the appeal from the same or some specified part thereof.
Page 500 - Whenever an execution against the property of a defendant, shall have been issued on a judgment at law, and shall have been returned unsatisfied, in whole or in part, the party suing out such execution, may file a bill in chancery against such defendant...