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, Volume 1 |
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Page 49
... moved the last April term , that the plaintiff be nonprossed for not declaring . He cited 2 Cromp- ton , 410. 2 Salk . 455. Gilbert's Law of Distresses , 139. Cur . ad . vult . The court now gave their unanimous opinion , that the cause ...
... moved the last April term , that the plaintiff be nonprossed for not declaring . He cited 2 Cromp- ton , 410. 2 Salk . 455. Gilbert's Law of Distresses , 139. Cur . ad . vult . The court now gave their unanimous opinion , that the cause ...
Page 52
... moved that the verdict be set aside for irregularity . Per Curiam . The defendant availed himself of the first opportunity in his power to apply for a struck jury , and it was irregular for the plaintiff to proceed after receiving ...
... moved that the verdict be set aside for irregularity . Per Curiam . The defendant availed himself of the first opportunity in his power to apply for a struck jury , and it was irregular for the plaintiff to proceed after receiving ...
Page 55
... moved for a view , on affidavit that Ejectment . view was necessary . But as he did not state that boundaries were in question , the court refused to grant the motion . Wimple and another v . M'Dougal . VAN VECHTEN , for the plaintiff , ...
... moved for a view , on affidavit that Ejectment . view was necessary . But as he did not state that boundaries were in question , the court refused to grant the motion . Wimple and another v . M'Dougal . VAN VECHTEN , for the plaintiff , ...
Page 60
... moved to quash the writ for want of the clerk's name to it , and Woods , at the same time , moved for leave to amend . tended that the writ is supposed to be the act of the clerk , and ought not to prejudice the party ; and cited 1 ...
... moved to quash the writ for want of the clerk's name to it , and Woods , at the same time , moved for leave to amend . tended that the writ is supposed to be the act of the clerk , and ought not to prejudice the party ; and cited 1 ...
Page 61
... moved for and obtained a rule to stay proceedings on a writ of error in this court , until the common pleas in West- Chester could be moved for leave to file a plaint nunc pro tunc , the want of which had been the error assigned here ...
... moved for and obtained a rule to stay proceedings on a writ of error in this court , until the common pleas in West- Chester could be moved for leave to file a plaint nunc pro tunc , the want of which had been the error assigned here ...
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Common terms and phrases
affidavit Albany amend appear application April Term argument assumpsit bail-bond bill brought cause of action ceedings certiorari Clason clerk commission common pleas contended contract copy counsel count court Curiam declaration default defendant defendant's attorney Delard delivered demand demurrer deponent dollars duly Emott entered entitled error evidence execution facts fendant filed Gardner given granted habeas corpus Harison indorsed issue January term judge judgment July Term jury justice last term lessor Livingston Lyle ment motion moved to set New-York nonsuit notice of trial nunc pro tunc objection obtained opinion party pay costs payment of costs person plain plaintiff plaintiff's attorney plea in abatement received record referees refused Robert Lyle rule to plead 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 verdict warrant witness writ
Popular passages
Page ii - District, has deposited in this office the title of a book, the right whereof he claims as proprietor, in the words following, to wit : " THE CHILD'S BOTANY," In conformity to the act of the Congress of the United States, 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...
Page 282 - 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...
Page 136 - 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.
Page 340 - Trustees of the Freeholders and Commonalty \ of the | Town of Huntington...
Page 276 - 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...
Page 400 - Shuman, have been placed under a rule to show cause why an attachment should not issue against them for contempt.
Page 471 - ON an application for judgment as in case of nonsuit for not proceeding to trial...
Page 485 - ... act for the more speedy recovery of debts to the value of ten pounds...
Page 356 - HENRY moved for judgment as in case of nonsuit for not proceeding to trial...
Page 177 - 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...