Reports of Cases Argued and Determined in the Supreme Court and in the Court for the Correction of Errors of the State of New York, Volumen3Banks & Bros., 1859 |
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Página 14
... officer on the day of its date . If it had been delivered to the party or some third person , it would have been necessary to call a witness to show that it reached the officer on the 14th of February . But not so here . Facts of which ...
... officer on the day of its date . If it had been delivered to the party or some third person , it would have been necessary to call a witness to show that it reached the officer on the 14th of February . But not so here . Facts of which ...
Página 29
... officer ; and if the witness resides more than three miles from the place of attendance , travelling fees at the rate of four cents per mile , going and returning . " ( Laws 1840 , p . 331 , i S. ) A wit- ness is not bound , in any case ...
... officer ; and if the witness resides more than three miles from the place of attendance , travelling fees at the rate of four cents per mile , going and returning . " ( Laws 1840 , p . 331 , i S. ) A wit- ness is not bound , in any case ...
Página 48
... officer to proceed , where there is no judgment . An action for a false return lies for a wrong done to the plaintiff by a refusal to execute lawful process issued in his favor . But a writ of fieri facias alone gives no right to the ...
... officer to proceed , where there is no judgment . An action for a false return lies for a wrong done to the plaintiff by a refusal to execute lawful process issued in his favor . But a writ of fieri facias alone gives no right to the ...
Página 85
... officer whose duty it is to select them is free from bias or partiality . The law presumes that the attorney or counsellor of a party is not thus free from bias , and therefore holds it a good ground of challenge to the array , that the ...
... officer whose duty it is to select them is free from bias or partiality . The law presumes that the attorney or counsellor of a party is not thus free from bias , and therefore holds it a good ground of challenge to the array , that the ...
Página 87
... officer who serves either the original or jury process in the case , to act as the attorney for either party in any other stage or proceeding in the cause except to appear and advocate for either party at the trial . The mere fact then ...
... officer who serves either the original or jury process in the case , to act as the attorney for either party in any other stage or proceeding in the cause except to appear and advocate for either party at the trial . The mere fact then ...
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Términos y frases comunes
action affidavit affirmed alleged amount assignment assumpsit attorn authority averment BEARDSLEY bill bond BRONSON certiorari charge charter party circuit city of New-York commenced common law common pleas contract counsel count covenant Cowen creditor damages debt debtor declaration defendant in error defendant's demand demurrer Denio discharge duty endorser entitled evidence execution fact favor fendant given heirs held Hill Hodge indictment intention interest issued judge judgment judgment debtor jury justice land lease legislature lessee lessor liable lien liquors lottery maker ment mortgage non est factum nonsuit notice offence opinion owner paid party payable payment person plaintiff in error pleaded principle promissory note proved provision purchase question real estate recover redeem referred refused rendered rent replevin reversed rule rule in Shelley's Senator sheriff sold Stat statute suit supreme court surety sustained tenant testator tion trial Ulster County verdict Wend words writ
Pasajes populares
Página 394 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Página 478 - Wilson. with the possession of any merchandise for the purpose of sale, or as a security for any advances to be made or obtained thereon, shall be deemed to be the true owner thereof, so far as to give validity to any contract made by such agent with any other person...
Página 500 - When a person takes an estate of freehold, legally or equitably, under a deed, will, or other writing, and in the same instrument there is a limitation by way of remainder, either with or without the interposition of another estate, of an interest of the same legal or equitable quality, to his heirs, or heirs of his body, as a class of persons to take in succession, from generation to generation, the limitation to the heirs entitles the ancestor to the whole estate.
Página 301 - When the thing to be done, or omitted to be done, concerns the lands or estate, that is the medium which creates the privity between the plaintiff and defendant.
Página 352 - Bryer, which was the voluntary act of a free agent, over whom the defendant had no control, and for whose acts he is not answerable, that was the immediate cause of the plaintiff's damage.
Página 477 - ... intrusted with the possession of any merchandise for the purpose of sale, or as a security for any advances to be made or obtained thereon, shall be deemed to be the true owner...
Página 311 - It is so notoriously the duty of the actual occupier to repair the fences, and so little the duty of the landlord, that, without any agreement to that effect, the landlord may maintain an action against his tenant for not so doing, upon the ground of the injury done to the inheritance: and deplorable indeed would be the situation of landlords, if they were liable to be harassed with actions for the culpable neglect of their tenants.
Página 130 - Sixty days after date, we jointly and severally promise to pay to the order of John B.
Página 73 - There can be but one final judgment in an action and that is one which in effect ends the suit in the court in which it is entered, and finally determines the rights of the parties in relation to the matter in controversy.
Página 556 - An unconditional promise in writing to accept a bill before it is drawn is deemed an actual acceptance in favor of every person who, upon the faith thereof, receives the bill for value.