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, Página 144,Volumen1G. & C. & H. Carvill, 1830 |
Dentro del libro
Resultados 1-5 de 100
Página 53
... rule also . 59 the rule re- quiring a sci . fac . The reason why the plaintiff is put to his scire facias after Reason of the two years is , that the law presumes that the plaintiff has executed his judgment or that he has released the ...
... rule also . 59 the rule re- quiring a sci . fac . The reason why the plaintiff is put to his scire facias after Reason of the two years is , that the law presumes that the plaintiff has executed his judgment or that he has released the ...
Página 54
... rule , requiring executions to be issued within a year ; but they are cited as applying equally to the present rule of two years ; and where two years are spoken of hereafter , it must be understood that the case 62 Tidd . Prac . 1154 ...
... rule , requiring executions to be issued within a year ; but they are cited as applying equally to the present rule of two years ; and where two years are spoken of hereafter , it must be understood that the case 62 Tidd . Prac . 1154 ...
Página 60
... rule , that where a new person98 is to be introduction benefitted or charged by the execution of a judgment , there ties . ought to be a scire facias to make him party to the judgment ; Rule where but that where the execution is not ...
... rule , that where a new person98 is to be introduction benefitted or charged by the execution of a judgment , there ties . ought to be a scire facias to make him party to the judgment ; Rule where but that where the execution is not ...
Página 77
... rule of court . If confirmed , a judg - mission . ment is to be entered up and docketed as in other cases , and with the same form and effect . Execution may be had on it and it may be removed , as may be also the order vacating an ...
... rule of court . If confirmed , a judg - mission . ment is to be entered up and docketed as in other cases , and with the same form and effect . Execution may be had on it and it may be removed , as may be also the order vacating an ...
Página 91
... rule . Transitory actions , arising out of the state , may be brought Transitory in any county , but local actions arising out of the state cannot sing out of be maintained within it.73 In Mostyn v . Fabrigas , however , may be ( in ...
... rule . Transitory actions , arising out of the state , may be brought Transitory in any county , but local actions arising out of the state cannot sing out of be maintained within it.73 In Mostyn v . Fabrigas , however , may be ( in ...
Contenido
416 | |
430 | |
447 | |
457 | |
468 | |
478 | |
506 | |
521 | |
131 | |
141 | |
175 | |
200 | |
217 | |
224 | |
236 | |
247 | |
255 | |
319 | |
349 | |
356 | |
393 | |
543 | |
553 | |
568 | |
587 | |
595 | |
603 | |
615 | |
629 | |
637 | |
639 | |
647 | |
659 | |
Otras ediciones - Ver todas
The Practice in Civil Actions and Proceedings at Law in the State of New ... William Duer Sin vista previa disponible - 2015 |
The Practice in Civil Actions and Proceedings at Law in the State of New ... Elijah Paine,William Duer Sin vista previa disponible - 2015 |
Términos y frases comunes
15 Johns affidavit allowed amend appear appellate apply appointed arrest assumpsit attorney authorised bail bill bond brought Caines capias cause of action Chit circuit court circuit judge clerk commenced commissioners common law common pleas contract coroner costs court of common Cowen Cranch damages debt debtor declaration default defendant demurrer district court duty East's Rep entered entitled ex delicto execution executors or administrators filed grant habeas corpus held issue judgment judiciary act JURISDIC jurisdiction jurors jury justice latitat liable mandamus ment nolle prosequi nonsuit notice original writ party person plaintiff plea in abatement plead Prac Pract practice proceedings Raym record recover replevin revised statutes rule Salk Saund scire facias sheriff sued suit supreme court Taunt Term Rep thereof Tidd tion trespass trial United verdict vide Wheat witness writ of error
Pasajes populares
Página 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.
Página 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...
Página 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...
Página 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.
Página 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.
Página 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.
Página 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.
Página 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...
Página 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.
Página 282 - All of the said courts shall have power to grant new trials, in cases where there has been a trial by jury, for reasons for which new trials have usually been granted in the courts of law.