Reports of Cases of Practice Decided by the Supreme Court and Court of Appeals: Since the Organization of the Judiciary Under the Amended Constitution of 1846 ... Except the First Fifty Pages, which are Cases Decided by the Old Supreme Court, Volume 3Joel Munsell, 1851 - Civil procedure |
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Results 1-5 of 97
Page 19
... effect the same as the present . Upon the whole I see no sufficient reason to set aside that judgment . The default in the sci . fa . suit and subsequent proceedings must be set aside , but without costs . THOMAS T. FERRISS VS. JOSEPH ...
... effect the same as the present . Upon the whole I see no sufficient reason to set aside that judgment . The default in the sci . fa . suit and subsequent proceedings must be set aside , but without costs . THOMAS T. FERRISS VS. JOSEPH ...
Page 21
... effect . On the 3d May last , Defendant's attorney was informed by Defen- dant , that execution had been issued in the cause ; which was the first intimation he had that judgment had been entered . He then examin- ed the records and ...
... effect . On the 3d May last , Defendant's attorney was informed by Defen- dant , that execution had been issued in the cause ; which was the first intimation he had that judgment had been entered . He then examin- ed the records and ...
Page 36
... effect the same thing as if the 35th section of article 2 , title 2 , chap . 3 , part 3 , R. S. , ( 2 R. S. , 380 , 3d ed . , ) had been repeated in the 36th section of the judiciary act . Had that section been enacted in terms as a ...
... effect the same thing as if the 35th section of article 2 , title 2 , chap . 3 , part 3 , R. S. , ( 2 R. S. , 380 , 3d ed . , ) had been repeated in the 36th section of the judiciary act . Had that section been enacted in terms as a ...
Page 52
... effect of the order to hold to bail , and consenting that the Defendant be dis- charged from his arrest upon filing common bail , and offered to pay the Defendant's attorney five dollars for the costs of preparing papers for the motion ...
... effect of the order to hold to bail , and consenting that the Defendant be dis- charged from his arrest upon filing common bail , and offered to pay the Defendant's attorney five dollars for the costs of preparing papers for the motion ...
Page 58
... effect of this provision is , it is true , at least from the time a plea is interposed , taking issue upon the return , to impart to the proceedings the nature of , and very closely to assimilate them to , an action at law . But at the ...
... effect of this provision is , it is true , at least from the time a plea is interposed , taking issue upon the return , to impart to the proceedings the nature of , and very closely to assimilate them to , an action at law . But at the ...
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Common terms and phrases
149th section affidavit Albany alleged allowed amend answer application assignment bail bill of exceptions bond cause of action chancellor Chancery circuit clerk Code of Procedure commenced Common Pleas complaint copy costs counsel county judge Court of Appeals Court of Chancery Court of Common creditor debtor decision declaration decree default Defendant in error Defendant's attorney Defts demurrer denied duties entered entitled equity execution facts fees fendant filed granted ground hearing held injunction issue judgment Judiciary Act July last jurisdiction justice Justice.-The mandamus ment mortgage motion moved notice nunc pro tunc papers party payment pending peremptory mandamus person Plaintiff in error Plaintiff's attorney pleading Plffs proceedings promissory note provisions question reference rehearing relation remittitur replevin residence Revised Statutes rule security for costs served sheriff special term stay of proceedings suit summons thereof tion venue verdict Wend witness writ of error
Popular passages
Page 394 - ... 6. That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended; 7.
Page 115 - That the defendant has property or rights in action, which he fraudulently conceals, or that he has rights in action, or some interest in any public or corporate stock, money or evidences of debt, which he unjustly refuses to apply to the payment of any judgment or decree which shall have been rendered against him, belonging to the complainant; or 3.
Page 307 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved.
Page 378 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 281 - The party in whose favor judgment is given may, at any time within five years after the entry thereof, have a writ of execution issued for its enforcement.
Page 394 - All the forms of pleading heretofore existing, are abolished ; and hereafter, the forms of pleading in civil actions, and the rules by which the sufficiency of the pleadings is to be determined, are those prescribed in this code.
Page 346 - If any person, whose real or personal estate is liable to taxation, shall, at any time before the assessors shall have completed their assessments, make affidavit that the value of his real estate does not exceed a certain sum, to be specified in such affidavit ; or that the value of the personal estate owned by him, after deducting his just debts, and his property invested in the stock of...
Page 363 - ... all costs and damages, which may be awarded against him on the appeal, not exceeding five hundred dollars.
Page 169 - Any male citizen of the age of twenty-one years, of good moral character, and who possesses the requisite qualifications of learning and ability, shall be entitled to admission to practise in all the co-urts of this State.
Page 122 - Assignment shall vest in the assignees all the interest of such insolvent at the time of executing the same, in any estate or property...