Reports of Practice Cases, Determined in the Courts of the State of New York: With a Digest of All Points of Practice Embraced in the Standard New York Reports ..., Volum 6J.S. Voorhies, 1869 |
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Vanlige uttrykk og setninger
action was brought affidavit affirmed alimony alleged amended Amoskeag amount answer applied arrest assignment authority Bank Barb bill of lading bond cause of action charge claim Code commenced common law complaint consignee constitution contract corporation court of appeals creditor damages debt debtor decision defendant delivered discharge dollars draft entitled equity of redemption Eric Darling evidence ex rel execution fact fendant fraudulent ground held indorse issued judge judgment jurisdiction jury of twelve justice Kaliske Kedenburg labor Lahens lands legislature liability lien ment Metropolitan Board mortgage motion notice owner paid party payment person plaintiff pleading prints proceedings proof provisions purchaser question received recover reference rule special term Stat statute stockholders supreme court Supreme Ct thereof thousand shares tiff tion trial trial by jury United States Telegraph verdict Wend wife York
Populære avsnitt
Side 120 - The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever. But a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law.
Side 146 - The rule of law is clear that where one, by his words or conduct, wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Side 294 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present...
Side 24 - Before issuing the writ. the clerk must require a written undertaking on the part of the plaintiff, in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Side 324 - When the amount found due to either party exceeds the sum for which the justice is authorized to enter judgment, such party may remit the excess and judgment may be rendered for the residue.
Side 19 - ... in the very torrent, tempest, and (as I may say) whirlwind of your passion, you must acquire and beget a temperance, that may give it smoothness. O, it offends me to the soul, to hear a robustious periwig-pated fellow tear a passion to tatters, to very rags, to split the ears of the groundlings...
Side 285 - Appeal from a judgment of the general term of the Superior Court of the City of New York, entered upon an order made June 8, 1886, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
Side 480 - The defendant may, within two days after the service of a copy of the affidavit and undertaking, give notice to the sheriff that he excepts to the sufficiency of the sureties. If he fails to do so, he shall be deemed to have waived all objections to them.
Side 24 - If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made.— 1873-306.
Side 328 - ... preceding the date of such appraisal, if any; and they shall value all such property, stocks, bonds or securities as are customarily bought or sold in open markets in the city of New York or elsewhere, for the day on which such appraisal or report may be required, by ascertaining the range of the market and the average of prices as thus found, running through a reasonable period of time.