The Practice in Civil Actions and Proceedings at Law in the State of New York: In the Supreme Court, and Other Courts of the State; and Also in the Courts of the United States, Page 144, Volume 2G. & C. & H. Carvill, 1830 - Civil procedure |
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Page 10
... afterwards.54 The court will not compel a defendant who is privileged to not , in gene- sue out a writ of privilege , 55 unless the question of privilege be doubtful ; 56 but will relieve him on motion , due notice hav- ing been given ...
... afterwards.54 The court will not compel a defendant who is privileged to not , in gene- sue out a writ of privilege , 55 unless the question of privilege be doubtful ; 56 but will relieve him on motion , due notice hav- ing been given ...
Page 14
... afterwards put in ; but that the plaintiff may take an as- signment of the bail bond , and proceed thereon , unless the bail be also justified , though not before excepted to . " But a different practice prevails here , and the bail ...
... afterwards put in ; but that the plaintiff may take an as- signment of the bail bond , and proceed thereon , unless the bail be also justified , though not before excepted to . " But a different practice prevails here , and the bail ...
Page 18
... afterwards gave notice of exception to the bail , without en- tering it , the court of king's bench held that the plaintiff's ir- regularity in not entering an exception , was not waived by the defendant's having given two notices of ...
... afterwards gave notice of exception to the bail , without en- tering it , the court of king's bench held that the plaintiff's ir- regularity in not entering an exception , was not waived by the defendant's having given two notices of ...
Page 20
... afterwards revert back to the bail bond.56 After proceedings on the bail bond are stayed , the defend- ant cannot plead in abatement to the original action.57 101 1 Caines ' Rep . 68 . 52 2 Caines ' Rep . 98 . 53 1 Johns . Cas . 136 ...
... afterwards revert back to the bail bond.56 After proceedings on the bail bond are stayed , the defend- ant cannot plead in abatement to the original action.57 101 1 Caines ' Rep . 68 . 52 2 Caines ' Rep . 98 . 53 1 Johns . Cas . 136 ...
Page 25
... afterwards cannot proceed against the sheriff . So Taking cog- if the plaintiff give time to the defendant by taking a cognovit , it is a discharge to the bail ; 90 and consequently , as the sheriff could not , under such circumstances ...
... afterwards cannot proceed against the sheriff . So Taking cog- if the plaintiff give time to the defendant by taking a cognovit , it is a discharge to the bail ; 90 and consequently , as the sheriff could not , under such circumstances ...
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Common terms and phrases
13 Johns 9 Johns action affidavit afterwards allowed amend amount application arrest assignment attorney bail bail bond Barnes bill bond brought Caines capias ad satisfaciendum certiorari clerk common law common pleas costs court of equity court of errors Cowen creditor cution damages debt debtor declaration default defendant defendant's delivered demurrer discharge docket entered entitled execution executors fendant fieri facias filed granted held insolvent issued jail judge judgment jury lands levy liable liberties lien Maule & Selw ment motion nonsuit notice nulla bona obtained officer paid party payment person plaintiff in error plead Pract proceed proceedings provisions purchaser Raym real estate record recovered referees rendered revised statutes rule Salk Saund scire facias sheriff sold stay suit supreme court taken Taunt tenant Term Rep thereof Tidd tiel tion trial verdict vide Wend writ of error
Popular passages
Page 314 - ... be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
Page 347 - ... made with the intent to hinder, delay or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts or demands, and every bond or other evidence of debt given, suit commenced, decree or judgment suffered, with the like intent, as against the persons so hindered, delayed or defrauded, shall be void.
Page 194 - ... or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the court; 12.
Page 677 - Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced.
Page 681 - When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this State, or any office in a corporation created by the authority of this State ; or, 2.
Page 629 - ... 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 179 - If the executor or administrator doubts the justice of any such claim, he may enter into an agreement in writing with the claimant to refer the matter in controversy to one or more disinterested persons, to be approved by the surrogate.
Page 222 - All taxes levied and collected under this article shall be paid into the treasury of the state for the use of the state, and shall be applicable to the expenses of the state government and to such other purposes as the legislature shall by law direct. § 242. Definitions.— The words "estate
Page 230 - Interlocutory judgments are such as are given in the middle of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the suit.
Page 193 - A party to the action or special proceeding, an attorney, counsellor, or other person, for the non-payment of a sum of money, ordered or adjudged by the court to be paid, in a case where by law execution cannot be awarded for the collection of such sum ; or for any other disobedience to a lawful mandate of the court.