Practice Reports in the Supreme Court and Court of Appeals, Volume 35Joel Munsell, 1868 - Civil procedure |
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Common terms and phrases
49 Barb affidavit affirmed agreement Akron alleged amount answer app'lts appeal apply appointed assessment authority Bank blue vitriol cause of action Central Park charge claim Code commissioners common council complaint contract corporation costs counsel court of chancery court of equity creditors Croton aqueduct damages debt defendant defendant's Digest duty entitled equity evidence execution fact granted held injunction issued judge judgment jurisdiction jury justice land legislature liable lien matter Mayor McGregor ment mortgage motion negligence notice nunc pro tunc objection owner paid parties payment person plaintiff possession premises proceedings purchase question Railroad Company receiver recover reference rendered resp't respondent road Robt rule sell Sixth Avenue Railroad sold special term statute street supreme court thereof tiff tion trial trust void witness York York Central Railroad
Popular passages
Page 45 - ... the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries, resulting from such death, to the wife and next of kin of such deceased person...
Page 467 - When two steam- vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other.
Page 115 - This will be manifest when it is considered that in all cases where rights to the exclusive use of a trademark are invaded, it is invariably held that the essence of the wrong consists in the sale of the goods of one manufacturer or vendor as those of another; and that it is only when this false representation is directly or indirectly made that the party who appeals to a court of equity can have relief.
Page 370 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 467 - If two ships under steam are meeting end on or nearly end on so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other.
Page 268 - An act relative to improvements touching the laying out of streets and roads in the city of New- York, • and for other purposes," passed April 3, 1807; and the map or plan of said city is hereby altered accordingly.
Page 257 - An act to reduce several laws relating particularly to the City of New York, into one act...
Page 211 - In an action to recover the possession of personal property unjustly detained, where the property or any part thereof has been concealed, removed or disposed of, so that it cannot be found or taken by the sheriff...
Page 471 - ... for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances, or misfeasances, and omissions of duty, of his agent, in the course of his employment, although the principal did not authorize, or justify, or participate in, or, indeed, know of such misconduct, or even if he forbade the acts, or disapproved of them.
Page 498 - On the trial, the counsel for the defendants requested the court to charge the jury that they " must find a verdict for the defendants if they found that they did not convert the property in question to their own use...