Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volum 3Gould, Banks & Gould, 1849 |
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Side 31
... rule in this state , even if the objection in this stage of the cause could be listened to at all . The testimony of a witness standing in that relation to one of the parties to the suit , is open to observation before the jury . We see ...
... rule in this state , even if the objection in this stage of the cause could be listened to at all . The testimony of a witness standing in that relation to one of the parties to the suit , is open to observation before the jury . We see ...
Side 36
... rule , in this respect , that worked injustice to one of the par- ties , the remedy is by motion for a new trial , on a case . Being clearly a matter of discretion , it cannot be reviewed on bill of exceptions . The limitation of ...
... rule , in this respect , that worked injustice to one of the par- ties , the remedy is by motion for a new trial , on a case . Being clearly a matter of discretion , it cannot be reviewed on bill of exceptions . The limitation of ...
Side 50
... right to have the same reformed , and the mistake corrected . As a general rule , a mistake of the law is not a ground for reforming a deed founded Mathews v . Terwilliger . on such mistake . But 50 [ MAY 1 CASES IN LAW AND EQUITY.
... right to have the same reformed , and the mistake corrected . As a general rule , a mistake of the law is not a ground for reforming a deed founded Mathews v . Terwilliger . on such mistake . But 50 [ MAY 1 CASES IN LAW AND EQUITY.
Side 51
... rule occurs where a party is taken by surprise ; where he had not sufficient time to act with caution ; or where an un- due advantage was taken of his situation . When a court of equity relieves on the ground of surprise , it does so ...
... rule occurs where a party is taken by surprise ; where he had not sufficient time to act with caution ; or where an un- due advantage was taken of his situation . When a court of equity relieves on the ground of surprise , it does so ...
Side 54
... rule , that a mistake of the law is not a ground for reforming a deed founded on such mistake . ( Hunt v . Rousmanier , 8 Wheat . 212. 1 Peters ' Rep . 15. See also 6 John . Ch . Rep . 169 , 170 ; 1 Id . 515 ; 2 Id . 51 , 60. ) It is ...
... rule , that a mistake of the law is not a ground for reforming a deed founded on such mistake . ( Hunt v . Rousmanier , 8 Wheat . 212. 1 Peters ' Rep . 15. See also 6 John . Ch . Rep . 169 , 170 ; 1 Id . 515 ; 2 Id . 51 , 60. ) It is ...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York Oliver Lorenzo Barbour Uten tilgangsbegrensning - 1860 |
Vanlige uttrykk og setninger
acres action affidavit alleged amount Anken assignment assumpsit attorney authority bill Binninger bona fide purchasers bond cause certiorari charge circuit judge claim commissioner common law common pleas contract conveyance conveyed counsel court of chancery court of equity covenant Cowen creditor damages dant debt debtor decision declaration decree deed defendant defendant's demurrer detinue discharge endorser entitled equity evidence execution fact filed fraud ground held Hill interest issue James Brown John judgment jurisdiction jury justice land liable lien ment mortgage motion New-York nonsuit notice objection officer owner oyer and terminer paid Paige parties payment person plaintiff in error pleaded possession premises proceedings proof proved provision purchase money question recover referred replevin rule scire facias sheriff sold statute suit supreme court surety tenant TERM testator testimony thereof tion Towanda Bank trial trust verdict void warrant Wend witness
Populære avsnitt
Side 198 - ... a resident of the county and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at- such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people...
Side 173 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Side 198 - Every male citizen of the age of twentyone years who shall have been a citizen for ten days and an inhabitant of this State one year next preceding an election, and for the last four months a resident of the county and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such election in the election, district of which he shall at the time be a resident, and not elsewhere...
Side 10 - Where the trial of an issue of fact shall require the examination of a long account on either side ; in which case the referees may be directed to hear and decide the whole issue, or to report , upon any specific question of fact involved therein ; or, 2.
Side 336 - April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered; and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall make concerning the same.
Side 334 - When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.
Side 345 - He must, either by serving process, publishing notice, appointing a guardian, or in some other way, be brought into Court, and, if judgment is rendered against him before that is done, the proceeding will be as utterly void as though the Court had undertaken to act where the subject matter was not within its cognizance.
Side 249 - ... to plead the general issue, and give the special matter in evidence...
Side 352 - In all cases where a man has a temporal loss or damage by the wrong of another, he may have an action upon the case to be repaired in damages.
Side 104 - Whenever a certified copy of any affidavit, record, document or paper, is declared by law to be evidence, such copy shall be certified by the clerk or officer in whose custody the same is by law required to be, to have been compared by him with the original, and to be a correct transcript therefrom...