Practice Reports in the Supreme Court and Court of Appeals, Volume 11Joel Munsell, 1856 - Civil procedure |
From inside the book
Results 6-10 of 88
Page 22
... unless , at the time of the commencement thereof , the defendant had possession of the property ; and the special term denied a motion for a new trial . But , on the appeal to the general term , it was held , that the fact that , prior ...
... unless , at the time of the commencement thereof , the defendant had possession of the property ; and the special term denied a motion for a new trial . But , on the appeal to the general term , it was held , that the fact that , prior ...
Page 41
... unless the Code author- izes a plaintiff to recover upon facts set forth in his reply only , which are not mentioned or referred to in his complaint , then the plaintiff cannot recover in this case . The plaintiff has no cause to ...
... unless the Code author- izes a plaintiff to recover upon facts set forth in his reply only , which are not mentioned or referred to in his complaint , then the plaintiff cannot recover in this case . The plaintiff has no cause to ...
Page 45
... Unless this court has jurisdiction of an action or proceeding to dissolve a corporation created by the laws of this state , and distribute its effects among its creditors , through a receiver , or to inquire into the validity of its pro ...
... Unless this court has jurisdiction of an action or proceeding to dissolve a corporation created by the laws of this state , and distribute its effects among its creditors , through a receiver , or to inquire into the validity of its pro ...
Page 53
... unless in cases where it is necessary to the vindication of the rights or conduct of the party against unjust claims or imputations , is , perhaps , one of the most odious breaches of private confidence , of social duty , and of ...
... unless in cases where it is necessary to the vindication of the rights or conduct of the party against unjust claims or imputations , is , perhaps , one of the most odious breaches of private confidence , of social duty , and of ...
Page 54
... unless it appears that the personal legal rights of the party who seeks the aid of the court , are in dan- ger of violation ; and as a general rule , that the injury to result to him from such violation , if not prevented , will be ...
... unless it appears that the personal legal rights of the party who seeks the aid of the court , are in dan- ger of violation ; and as a general rule , that the injury to result to him from such violation , if not prevented , will be ...
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Common terms and phrases
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.