Practice Reports in the Supreme Court and Court of Appeals, Volume 10Joel Munsell, 1860 - Civil procedure |
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Page 4
... Justice . It appears by the affidavit of Farwell , upon which the attachment was granted , and also on the affidavits read on both sides on this motion , that Mr. Canfield , on whom the summons was served , was the superintendent and ...
... Justice . It appears by the affidavit of Farwell , upon which the attachment was granted , and also on the affidavits read on both sides on this motion , that Mr. Canfield , on whom the summons was served , was the superintendent and ...
Page 17
... Justice . The only written agree- ment for the sale and conveyance to the plaintiff of the real estate in question , that has been proved , or alledged to have been signed was not signed either by the wife of Preston or Truex . Each of ...
... Justice . The only written agree- ment for the sale and conveyance to the plaintiff of the real estate in question , that has been proved , or alledged to have been signed was not signed either by the wife of Preston or Truex . Each of ...
Page 28
... justice presiding , HENRY A. MOORE , county judge , NICHOLAS STILLWELL and SAMUEL S. STRYKER , justices of the peace . 66 The people of the state of New - York agt . John Cavanagh , convicted of misdemeanor . " Whereupon it is ordered ...
... justice presiding , HENRY A. MOORE , county judge , NICHOLAS STILLWELL and SAMUEL S. STRYKER , justices of the peace . 66 The people of the state of New - York agt . John Cavanagh , convicted of misdemeanor . " Whereupon it is ordered ...
Page 42
... Justice ALLEN attaches great importance to the fact , that the word defence is used in the chapter treating of answers , whereas the word objection is used in sections 147 and 148 , containing the provisions relating to the presenting ...
... Justice ALLEN attaches great importance to the fact , that the word defence is used in the chapter treating of answers , whereas the word objection is used in sections 147 and 148 , containing the provisions relating to the presenting ...
Page 43
... justice in giving judgment so as to save the rights of the parties under this practice is obviated by sections 261 and 262. By section 261 it is provided that the , court may , in all cases , instruct the jury , if they render a general ...
... justice in giving judgment so as to save the rights of the parties under this practice is obviated by sections 261 and 262. By section 261 it is provided that the , court may , in all cases , instruct the jury , if they render a general ...
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Common terms and phrases
admitted affidavit alleged alley allowed amendment amount answer application assignment assignor attorney authority avers Bank Barb bill Carnobeli cause of action claim Claverack clerk Code commissioners common law complaint contract corporation costs counsel creditors Cuba damages debt decision decree defendant defendant's demurrer denied deponent district entitled evidence examination execution facts fendant given granted held Hernandez highway impleaded issue John judge judgment jurisdiction jury Justice land legislature liable matter ment mortgage motion New-York notice objection offer of judgment opinion owner paid party payment person plain plaintiff plaintiff in error plank road plea pleading possession premises promissory note proof provision question Railroad Ralph Clark received recover reference rendered rule special term statute street suit SUPREME COURT Switzer testimony thereof tiff tion trial trustees usurious verdict Wend West Troy witness writ
Popular passages
Page 248 - ... that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty whatever, and particularly, by name, the prince, potentate, state, or sovereignty whereof he was before a citizen or subject ; which proceedings shall be recorded by the clerk of the court.
Page 381 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 380 - Lord , was indebted to the plaintiff in pounds, for the price and value of goods then sold and delivered by the plaintiff to the defendant, at his request...
Page 257 - ... action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action shall be continued in the name of the original party ; or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 516 - ... the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.
Page 315 - Court, and in what respect he has been misled; and thereupon the Court may order the pleading to be amended, upon such terms as shall be just "Sec.
Page 39 - The defendant may be arrested, as hereinafter prescribed, in the following cases: 1. In an action for the recovery of damages, on a cause of action not arising out of contract, where the defendant is not a resident of the state, or is about to remove therefrom...
Page 63 - No person offered as a witness shall be excluded by reason of his interest in the event of the action.
Page 251 - States three years next preceding his arriving at that age, and who has continued to reside therein to the time he may make application to be admitted a citizen thereof, may, after "he arrives at the age of twenty-one years, and after he has resided five years within the United States, including the three years of his minority...
Page 197 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.