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The Practice in Civil Actions and Proceedings at Law in the State ..., Volum 2
Elijah Paine,William Duer
Uten tilgangsbegrensning - 1830
The Practice in Civil Actions and Proceedings at Law in the State of New ...
Ingen forhåndsvisning tilgjengelig - 2015
15 Johns affidavit allowed amend appear appellate application appointed arrested assignment assumpsit attorney authorised bill bond brought Caines capias cause of action certiorari Chit circuit court clerk commenced common law common pleas coroner costs court of common Cowen Cranch damages debt debtor declaration default defendant demurrer discharge district court duty entered entitled evidence execution executor filed grant habeas corpus held issue judgment judiciary act jurisdiction jurors jury justice latitat liable mandamus manner ment motion necessary nolle prosequi nonsuit notice original writ party penalty person plaintiff plea in abatement plead Pract practice prisoner proceedings Raym record recover removed rendered replevin respective revised statutes rule Salk Saund scire facias sheriff special bail suit supreme court Taunt Term Rep therein thereof Tidd tion trespass trial United verdict vide Wheat witness writ of error
Side 283 - That all the before-mentioned courts of the United States, shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Side 334 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Side 256 - The circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and arising under the Constitution or laws of the United States...
Side 11 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Side 243 - And shall also have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the Sea by Vessels of ten or more tons burthen, within their respective districts as well as upon the high seas.
Side 176 - I do solemnly swear, (or affirm, as the case may be,) that I will support the constitution of the United States, .and the constitution of the State of New- York; and that I will faithfully discharge the duties of the office of according to the best of my ability.
Side 256 - ... nor shall any district or circuit court have cognizance of any suit to recover the contents of any promissory note or other chose in action in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Side 334 - States, and the decision is against their validity, or where is drawn in question the validity of a statute of, or an authority exercised under any State on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of their validity...
Side 341 - It is the essential criterion of appellate jurisdiction, that it revises and corrects the proceedings in a cause already instituted, and does not create that case.