Practice Reports in the Supreme Court and Court of Appeals, Volume 29Joel Munsell, 1867 - Civil procedure |
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Results 1-5 of 100
Page 5
... judgment to be entered for the whole sum secured by the bond , and if the plaintiff failed to obtain a more favorable judgment , he cannot recover costs , but must pay costs to the defend- ants from the time of the offer . The demand of ...
... judgment to be entered for the whole sum secured by the bond , and if the plaintiff failed to obtain a more favorable judgment , he cannot recover costs , but must pay costs to the defend- ants from the time of the offer . The demand of ...
Page 22
... judgment of sale and foreclo- sure was entered , and the said demised premises were sold pursuant to such judgment on the 20th day of June , 1862 , to the said Thaddeus D. Patchin and one William Dors- heimer , and the usual conveyance ...
... judgment of sale and foreclo- sure was entered , and the said demised premises were sold pursuant to such judgment on the 20th day of June , 1862 , to the said Thaddeus D. Patchin and one William Dors- heimer , and the usual conveyance ...
Page 43
... judgment , and be final , ” & c . Section 3 states that " No appeal shall , under this act , be allowed , unless such security for said judgment shall be given and approved by the judge at the time of allowing such appeal , and served ...
... judgment , and be final , ” & c . Section 3 states that " No appeal shall , under this act , be allowed , unless such security for said judgment shall be given and approved by the judge at the time of allowing such appeal , and served ...
Page 45
... judgment of the justice . It only made an order dismissing the appeal from the judgment of the justice , and an appeal lies from that order to this court . ( Code , § 344 ; Deuel agt . Rust , 24 Barb . 438. ) This is my conclusion ...
... judgment of the justice . It only made an order dismissing the appeal from the judgment of the justice , and an appeal lies from that order to this court . ( Code , § 344 ; Deuel agt . Rust , 24 Barb . 438. ) This is my conclusion ...
Page 68
... judgment was rendered " ( § 352 ) . " The ( county ) court shall have the same power over its own determinations , the verdict of the jury , and shall render judgment thereon in the same manner as the supreme court in actions pending ...
... judgment was rendered " ( § 352 ) . " The ( county ) court shall have the same power over its own determinations , the verdict of the jury , and shall render judgment thereon in the same manner as the supreme court in actions pending ...
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Common terms and phrases
42 Barb 9 Bosw affidavit affirmed agreement alleged amount answer apply appointment assessment assignment authority bank bill bonds cause of action choses in action claim Code common law complaint contract costs Cothran agt counsel county court court of appeals court of equity covenant creditors damages debt debtor decision defendant defendant's demand demurrer discharge entitled equity evidence ex rel execution extra allowance fact favor firm foreclosure fraud granted guardian held holder husband indorsed interest issue judgment judgment debtor jurisdiction jury justice legislature levy liable ment mortgage motion opinion paid pari delicto party payment person plaintiff possession premises proceedings promissory note purchaser question receiver recover reference remedy res adjudicata rule security for costs sheriff special term suit supreme court Tallmadge thereof tiff tion trial trustees usury verdict Wend writ York
Popular passages
Page 25 - Here it may be laid down for a rule, that whatever words are sufficient to explain the intent of the parties, that the one shall divest himself of the possession, and the other come into it for a determinate time, such •words, whether they run in the form of a license, covenant, or agreement, are of themselves sufficient, and will, in construction of law, amount to a lease for years, as effectually as if the most proper and pertinent words had been made use of for that purpose.
Page 314 - That any order of the President, or under his authority, made at any time during the existence of the present rebellion, shall be a defence in all courts to any action or prosecution, civil or criminal, pending, or to be commenced, for any search, seizure, arrest, or imprisonment, made, done, or committed, or acts omitted to be done, under and by virtue of such order, or under color of any law of Congress, and such defence may be made by special plea, or under the general issue.
Page 202 - ... it upon the other, or to do any other act, necessary to perfect the appeal, or to stay the execution of the judgment or order appealed from...
Page 313 - Bank filed a petition and bond in said action, for the removal of the cause to the circuit court of the United States for the district of...
Page 5 - ... of notice of acceptance, and the clerk must thereupon enter judgment accordingly. If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence upon the trial; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs, but must pay the defendant's costs from the time of the offer— 1873-342.
Page 61 - The warrant may be issued whenever it shall appear by affidavit that a cause of action exists against such defendant, specifying the amount of the claim and the grounds thereof, and that the defendant is either a foreign corporation, or not a resident of this State, or has departed therefrom with intent to defraud his creditors or to avoid the service of a summons, or...
Page 408 - The jury found a verdict for the plaintiffs, subject to the opinion of the court, on a case stated.
Page 143 - Juies, but it is not the same thing. We have shaken off the last remnant of the contrary doctrine. Where the bill has passed to the plaintiff, without any proof of bad faith in him, there is no objection to his title.
Page 363 - Where the jurisdiction of such court or officer has been exceeded, either as to matter, place, sum or person; 2.
Page 275 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...