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 92
Page 11
... persons who were acquainted with it , who stated that it was worth $ 400 . Defendant also alleged that the appraisal was made ... person , having no family nor fixed place of abode , nor other occupation than that of an ordinary seaman ...
... persons who were acquainted with it , who stated that it was worth $ 400 . Defendant also alleged that the appraisal was made ... person , having no family nor fixed place of abode , nor other occupation than that of an ordinary seaman ...
Page 14
... person having charge of the said steamboat Express . 66 And deponent further says , he was delayed eight days time during the repair to said sloop ; that she is of seventy - five tons burthen ; and that the damage happened when deponent ...
... person having charge of the said steamboat Express . 66 And deponent further says , he was delayed eight days time during the repair to said sloop ; that she is of seventy - five tons burthen ; and that the damage happened when deponent ...
Page 16
... persons , were had , before the default was entered , or the proceedings will be set aside . Though a judgment be erroneous for the reason just mentioned , and the remedy by writ of error be barred by lapse of time , yet if laches in ...
... persons , were had , before the default was entered , or the proceedings will be set aside . Though a judgment be erroneous for the reason just mentioned , and the remedy by writ of error be barred by lapse of time , yet if laches in ...
Page 17
... persons of the Defendants , and that both should be set aside , especially as a writ of error could not then be brought on the original judgment . CAPRON & LAKE , Attys for motion . E. S. CAPRON , Defts Counsel . M. T. REYNOLDS , Piffs ...
... persons of the Defendants , and that both should be set aside , especially as a writ of error could not then be brought on the original judgment . CAPRON & LAKE , Attys for motion . E. S. CAPRON , Defts Counsel . M. T. REYNOLDS , Piffs ...
Page 18
... persons of the Defendants before judgment was entered against them on the sci . fa . It should have contained a suggestion that on the return and filing of the writ with the return of the sheriff thereon , it appeared that the ...
... persons of the Defendants before judgment was entered against them on the sci . fa . It should have contained a suggestion that on the return and filing of the writ with the return of the sheriff thereon , it appeared that 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...