Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 42Diossy, 1878 - Law reports, digests, etc |
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Results 1-5 of 81
Page 10
... judgment record in the former ac- tion do not operate as a bar to the prosecution of the plaintiff's claim in the present action . It is true , the present plaintiff , Knox , set up in the former action this very claim for rent by way ...
... judgment record in the former ac- tion do not operate as a bar to the prosecution of the plaintiff's claim in the present action . It is true , the present plaintiff , Knox , set up in the former action this very claim for rent by way ...
Page 16
... judgment must be reversed , and a new trial ordered with costs to abide the event . SPEIR , J. , concurred . ELISE MAGNIN , AND OTHERS , PLAINTIFFS AND APPELLANTS , v . WILLIAM B. DINSMORE , PRESIDENT OF THE ADAMS EXPRESS COMPANY ...
... judgment must be reversed , and a new trial ordered with costs to abide the event . SPEIR , J. , concurred . ELISE MAGNIN , AND OTHERS , PLAINTIFFS AND APPELLANTS , v . WILLIAM B. DINSMORE , PRESIDENT OF THE ADAMS EXPRESS COMPANY ...
Page 17
... judgment entered was reversed on appeal by the general term of this court , because of error in the charge , and a new trial ordered . On this last trial the verdict for fifty dollars , and the judgment thereon was in accordance with ...
... judgment entered was reversed on appeal by the general term of this court , because of error in the charge , and a new trial ordered . On this last trial the verdict for fifty dollars , and the judgment thereon was in accordance with ...
Page 18
... judgment rendered on the verdict for $ 50 and interest at the special term , in pursuance of the decis- ion of the general term granting the last new trial . Guided by this decision of the general term , it would seem that this judgment ...
... judgment rendered on the verdict for $ 50 and interest at the special term , in pursuance of the decis- ion of the general term granting the last new trial . Guided by this decision of the general term , it would seem that this judgment ...
Page 25
... judgment must be reversed because it affirmatively appeared that the plaintiff was not the owner of the claim when the suit was commenced . The judgment appealed from should be affirmed with costs . SPEIR , J. , concurred . J. B. ...
... judgment must be reversed because it affirmatively appeared that the plaintiff was not the owner of the claim when the suit was commenced . The judgment appealed from should be affirmed with costs . SPEIR , J. , concurred . J. B. ...
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Common terms and phrases
agent agreed agreement alleged amount application assignment attorney Bank Barb bill of lading Cambreleng cargo cause of action charge claim complaint concurred contract counsel court of appeals creditors CURTIS damages debtor debts Decided deed DEFENDANT AND APPELLANT defendant's delivered denied effect entitled evidence exceptions execution fact favor fendant firm fraud FREEDMAN gold check held Hexter incompetent evidence interest issued John Winans judge judgment judgment debtor jury Lane lease liability lien ment mortgage motion negligence notice nulla bona Opinion owner paid parties partner payment person PLAINTIFF AND RESPONDENT Ponvert premises proof purchase question received recover referred refused rendered rent replevin request rule SANFORD SEDGWICK sheriff special term SPEIR Statement statute suit sureties sustained testified testimony therein thereof tiff tion transaction trial trial by jury trust usury verdict Wend Wikoff William H witness York
Popular passages
Page 171 - ... 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 563 - An issue of law, in any action, and an issue of fact in an action not specified in the last section, or wherein provision for a trial by a jury is not expressly made by law, must be tried by the court, unless a reference or a jury trial is directed.
Page 487 - Any person holding office, whether by election or appointment, who shall, during his term of office, accept, hold or retain any other civil office of honor, trust or emolument, under the government of the United States...
Page 102 - Every person who has been convicted in any other state, government, or country, of an offense which, if committed within this state, would be punishable by the laws of this state by imprisonment in the state prison...
Page 559 - A certified copy of said order shall be delivered to the receiver named therein, and he shall be vested with the property and effects of the judgment debtor from the time of the filing and recording of the order as aforesaid. The receiver of the judgment debtor shall be subject to the direction and control of the court in which 'the judgment was obtained upon which the proceedings...
Page 370 - When the whole capital stock of a corporation shall not have been paid in, and the capital paid shall be insufficient to satisfy the claims of its creditors, each stockholder shall be bound to pay on each share held by him the sum necessary to complete the amount of such share, as fixed by the charter of the company or its certificate of incorporation, or such proportion of that sum as shall be required to satisfy the debts of the company.
Page 566 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Page 476 - A judgment is the final determination of the rights of the parties in the action or proceeding, and may be entered in term or vacation.
Page 562 - ... 1. By failing to appear at the trial. 2. By written consent, in person or by attorney, filed with the clerk. 3. By oral consent in open court, entered in the minutes, § 267.
Page 67 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...