Practice Reports in the Supreme Court and Court of Appeals, Volume 21Joel Munsell, 1861 - Civil procedure |
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affidavit agreement alleged amended amount answer appeal arson attorney authority Barb Bissell board of supervisors cause of action charge Code commenced commissioners committed common council common law complaint constitution contract convicted corporation costs counsel counter claim court of sessions creditors debt decision defendant defendant's demurrer denied discharge duty entitled evidence ex rel execution executor facts filed foreclosure fraud granted Gulick habeas corpus held indictment indorsed injunction insolvency Jane Wood judge judgment jurisdiction jury Justice legislature liable lien matter Mayor ment mortgage motion offence order of arrest owner paid party payment plaintiff plaintiff in error possession premises prisoner proceedings promissory note provision purchase question received recover referee referred refused rule sheriff statute SUPREME COURT testator tion trial trustees usury void witness writ writ of assistance York Special Term
Popular passages
Page 159 - State ; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience, hereby secured, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.
Page 57 - But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, except for perjury in giving such testimony.
Page 118 - An act to amend an act entitled 'an act regulating the sale of intoxicating liquors,' passed April 11, 1870, and the act entitled ' an act to suppress intemperance and to regulate the sale of intoxicating liquors
Page 291 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 158 - Christianity is not the legal religion of the state, as established by law. If it were, it would be a civil or political institution, which it is not; but this is not inconsistent with the idea that it is in fact, and ever has been, the religion of the people.
Page 162 - Jews or infidels ; so that we are compelled to admit, that although Christianity be a part of the common law of the State, yet it is so in this qualified sense, that its divine origin and truth are admitted, and therefore it is not to be maliciously and openly reviled and blasphemed against, to the annoyance of believers or the injury of the public.
Page 551 - State, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...
Page 391 - Every person shall be assessed in the town or ward where he resides when the assessment is made, for all personal estate owned by him...
Page 148 - ... defendant or his imprisonment in a state prison, or by his legal discharge from the obligation to render himself amenable to the process, or by his surrender to the sheriff of the county where he was arrested, in execution thereof, within twenty days after the commencement of the action against the bail, or within such further time as may be granted by the court.
Page 162 - Nor are we bound, by any expressions in the Constitution as some have strangely supposed, either not to punish at all, or to punish indiscriminately, the like attacks upon the religion of Mahomet or of the Grand Lama • and for this plain reason, that the case assumes that we are a Christian people, and the morality of the country is deeply ingrafted upon Christianity, and not upon the doctrines or worship of those impostors.