Practice Reports in the Supreme Court and Court of Appeals, Volume 38Joel Munsell, 1870 - Civil procedure |
From inside the book
Results 6-10 of 82
Page 36
... entitled to a share of the profits , he will on final judg- ment , have a decree for his proportion , and , in the mean- while , the security exacted and given will guarantee him the full measure of relief to which he may show himself ...
... entitled to a share of the profits , he will on final judg- ment , have a decree for his proportion , and , in the mean- while , the security exacted and given will guarantee him the full measure of relief to which he may show himself ...
Page 44
... entitled to do , took merely a cer- tificate of his purchase , as in ordinary sales under executions . In about a year thereafter Singer died , not yet having received his deed . Singer left him surviving his sister , Mrs. Prevost , his ...
... entitled to do , took merely a cer- tificate of his purchase , as in ordinary sales under executions . In about a year thereafter Singer died , not yet having received his deed . Singer left him surviving his sister , Mrs. Prevost , his ...
Page 49
... entitled to it at once if a bona fide purchaser , and Rogers and his family continued in possession , yet that after Sing- er's death , when Rogers had become insane , the defendants procured this deed , keeping it secret from Rogers ...
... entitled to it at once if a bona fide purchaser , and Rogers and his family continued in possession , yet that after Sing- er's death , when Rogers had become insane , the defendants procured this deed , keeping it secret from Rogers ...
Page 55
... entitled to a judgment by default for his claim , and a special execution is issued to sell the property attached . The judgment is not a lien upon any other property than that attached ; nor can any other be taken in execution to ...
... entitled to a judgment by default for his claim , and a special execution is issued to sell the property attached . The judgment is not a lien upon any other property than that attached ; nor can any other be taken in execution to ...
Page 68
... entitled to maintain them from time to time , as the damages he might sustain would justify a resort to them during the continuance of the cause produc- ing them . Under that rule he would be bound to submit to the continuance of the ...
... entitled to maintain them from time to time , as the damages he might sustain would justify a resort to them during the continuance of the cause produc- ing them . Under that rule he would be bound to submit to the continuance of the ...
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Common terms and phrases
54 Barb act of congress action affidavits agreement alleged amendment amount appear applied appointed assignee attorney authority bankrupt cause certificate charge claim complaint consignee constitution contract corporation counsel court of equity creditors damages debt decision deed default defendant defendant's delivered delivery Digest directors duty election entitled equity Erie Railway Company evidence execution fact Fargo fraud grand jury granted held indictment injunction inspectors issue James Fisk judge judgment jurisdiction jury justice Keyes land lease liable lien matter ment mortgage motion notice owner oyer and terminer party payment person plaintiff possession premises proceedings proof proper provisions purchase question R. R. Co railroad receiver recover referee remaindermen socage special term statute statute of frauds stockholders suit supreme court tax payers testator thereof tion trial trust valid Veazie Bank verdict void witness York
Popular passages
Page 362 - ... Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person with whom or in whose name a contract is made for the benefit of another is a trustee of an express trust, within the meaning of this section.
Page 160 - Congress may restrain by suitable enactments the circulation as money of any notes not issued under its own authority. Without this power, indeed, its attempts to secure a sound and uniform currency for the country must be futile.
Page 40 - When a married woman is a party, her husband must be joined with her, except that, 1. When the action concerns her separate property, she may sue alone ; 2. When the action is between herself and her husband, she may sue or be sued alone.
Page 221 - ... 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 201 - Claimant without deduction; and at such Time or Times, and at such Place or Places, as shall...
Page 86 - any married female may take by inheritance or by gift, grant, devise, or bequest, from any person other than her husband, and hold to her sole and separate use, and convey and devise, real and personal property, or any interest or estate therein, and the rents, issues, and profits thereof, in the same manner and with like effect as if she were unmarried, and the same shall not be subject to the disposal of her husband, or be liable for his debts.
Page 158 - But in the case before us the object of taxation is not the franchise of the bank, but property created, or contracts made and issued under the franchise, or power to issue bank bills. A railroad company, in the exercise of its corporate franchises, issues freight receipts, bills of lading, and passenger tickets; and it cannot be doubted that the organization of railroads is quite as important to the state as the organization of banks. But it will hardly be questioned that these contracts of the...
Page 346 - States; nor shall a writ of injunction be granted to stay proceedings in any court of a state...
Page 159 - It cannot be doubted that under the Constitution the power to provide a circulation of coin is given to Congress. And it is settled, by the uniform practice of the Government and by repeated decisions, that Congress may constitutionally authorize the emission of bills of credit.
Page 564 - No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.