Practice Reports in the Supreme Court and Court of Appeals, Volume 29Joel Munsell, 1867 - Civil procedure |
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Page 5
... proceedings before notice of trial . " The plaintiff appealed . GOUVERNEUR TILLOTSON , for plaintiff . Adolph LevingER , for defendants . MONELL , J. The defendants ' offer was to allow judgment to be entered for the whole sum secured ...
... proceedings before notice of trial . " The plaintiff appealed . GOUVERNEUR TILLOTSON , for plaintiff . Adolph LevingER , for defendants . MONELL , J. The defendants ' offer was to allow judgment to be entered for the whole sum secured ...
Page 43
... proceedings to recover the possession of land . And it was decided in Benjamin agt . Benjamin ( 1 Seld . 383 ) , that the Code exempts such proceedings from its operation , and that the waiver of trial by jury under the Code ( § 268 ) ...
... proceedings to recover the possession of land . And it was decided in Benjamin agt . Benjamin ( 1 Seld . 383 ) , that the Code exempts such proceedings from its operation , and that the waiver of trial by jury under the Code ( § 268 ) ...
Page 44
... proceedings recovered a judg- ment before a justice of the peace on the 18th day of April , 1863 , that the defendant surrender the possession of a farm to the plaintiff , and also for costs . On the 20th day of April , aforesaid , the ...
... proceedings recovered a judg- ment before a justice of the peace on the 18th day of April , 1863 , that the defendant surrender the possession of a farm to the plaintiff , and also for costs . On the 20th day of April , aforesaid , the ...
Page 46
... proceedings before the justice . Security , by an undertaking in proper form , was given in the case , and the most important question we are to deter- mine is whether the security was properly approved . As the act of 1849 was passed ...
... proceedings before the justice . Security , by an undertaking in proper form , was given in the case , and the most important question we are to deter- mine is whether the security was properly approved . As the act of 1849 was passed ...
Page 48
... the officer and Dingee , the officer agreed to leave the goods levied on in the store , and the next day an order staying proceedings on the exe- Bond agt . Willet . cution was served on the 48 NEW YORK PRACTICE REPORTS .
... the officer and Dingee , the officer agreed to leave the goods levied on in the store , and the next day an order staying proceedings on the exe- Bond agt . Willet . cution was served on the 48 NEW YORK PRACTICE REPORTS .
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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...