Reports of Cases of Practice: Determined in the Supreme Court of Judicature of the State of New-York; from April Term, 1794, to November Term, 1805, Both Inclusive. To which is Prefixed, All the Rules and Orders of the Court to the Present Time, Volumen1I. Riley, 1808 - 530 páginas |
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Página 93
... Emott , after plea put in , and notice of trial receiv- ed , that all proceedings should stay till the plaintiff should pay the costs of the first suit . He cited 2 Durn . & East , 511 . Woodworth , contra . Suits are not to be stayed ...
... Emott , after plea put in , and notice of trial receiv- ed , that all proceedings should stay till the plaintiff should pay the costs of the first suit . He cited 2 Durn . & East , 511 . Woodworth , contra . Suits are not to be stayed ...
Página 96
... EMOTT moved to amend the declaration after plea pleaded , which was granted , but a question now arose , whether the defendant is entitled both to an imparlance and to costs : vide Str . 950. Dallas , 465 . where it is said he shall ...
... EMOTT moved to amend the declaration after plea pleaded , which was granted , but a question now arose , whether the defendant is entitled both to an imparlance and to costs : vide Str . 950. Dallas , 465 . where it is said he shall ...
Página 115
... Emott produced counter affidavits , which were ob- jected to , because the defendant had not been made acquainted with their contents , previous to their being read in court , but the objection was overruled . It appeared from them ...
... Emott produced counter affidavits , which were ob- jected to , because the defendant had not been made acquainted with their contents , previous to their being read in court , but the objection was overruled . It appeared from them ...
Página 119
... Emott , in behalf of the justice , moved to quash the writ , because it required him , among other things , to return the testimony . It was admitted that no notice had been given the opposite party , but it was contended that none was ...
... Emott , in behalf of the justice , moved to quash the writ , because it required him , among other things , to return the testimony . It was admitted that no notice had been given the opposite party , but it was contended that none was ...
Página 121
... Emott now moved to set aside this default , for irre- gularity . He contended , that until the tenant had complied with all the requisites of the consent rule , he R 1800 . Oct. Term , could not be considered as IN THE SUPREME COURT . 121.
... Emott now moved to set aside this default , for irre- gularity . He contended , that until the tenant had complied with all the requisites of the consent rule , he R 1800 . Oct. Term , could not be considered as IN THE SUPREME COURT . 121.
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Términos y frases comunes
affidavit Albany allowed amend appear application April Term argument assumpsit bail-bond bill brought cause of action ceedings certificate certiorari Clason clerk commission common pleas contended contract copy counsel count Curiam debtor declaration default defendant defendant's attorney delivered demand demurrer deponent dollars duly Emott entered entitled error evidence execution facts fendant filed Gardner given granted habeas corpus Harison indorsed inquest issue January term judge July Term jury justice last term lessor Lyle ment motion moved to set New-York nisi prius nonsuit nunc pro tunc objection obtained opinion paid party pay costs payment of costs person plaintiff plaintiff's attorney plea in abatement received record referees refused Robert Lyle scire facias served sheriff show cause special bail statute stay proceedings stipulation struck jury sufficient suit taken tenant tice tiel tiff tion Union Turnpike vacation venire verdict waived warrant witness writ
Pasajes populares
Página ii - IDE, of the said District, hath deposited in this office, the title of a book, the right whereof he claims as proprietor, in the words following, to wit : " Inductive Grammar, designed for beginners. By an Instructer." In conformity to the act of the Congress of the United States...
Página 278 - It shall be lawful for the trustees to call in and demand from the stockholders respectively, all such sums of money by them subscribed, at such times, and in such payments or instalments as the trustees shall deem proper, under the penalty of forfeiting the shares of stock subscribed for, and all previous payments made thereon...
Página 336 - That the closes mentioned in the declaration, were the freehold of the trustees of the freeholders and commonalty of the town of Huntington, and that by their command and direction, he entered ; 3d.
Página ii - States entitled an act for the encouragement of learning hy securing the copies of maps, charts and books to the author., and proprietors of such copies during the times therein mentioned, and also to an act entitled an act supplementary to an act, entitled an act for the encouragement of learning by securing the copies of maps, charts and books to the authors and proprietors of such copies during the times therein mentioned and extending the benefits thereof to the arts of designing, engraving and...
Página 272 - Brakabeen bridge company, the sum of twenty dollars for every share of stock in said company, set opposite to our respective names, in such manner and proportion, and at such time and place, as shall be determined by the said president, directors and company...
Página 132 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Página 394 - Shuman, have been placed under a rule to show cause why an attachment should not issue against them for contempt.
Página 352 - HENRY moved for judgment, as in case of nonSuit, for not proceeding to trial...
Página 418 - By the practice as so established here, a defendant was entitled to move for judgment as in case of nonsuit, for not proceeding to trial...
Página 173 - A verdict was taken for the plaintiff, for 651 dollars and 98 cents, subject to the opinion of the Court, on a case to be made. SPENCER, Ch. J. delivered the opinion of the Court. In Hitchcock and Fitch v. Aicken, 1 Caines...