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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Results 1-5 of 59
Page 2
... considered as an affirmance of the rule , or suffered a lach , shall , on special motion for the purpose , show , that by reason of any irregularity or insufficiency in the proceed- ings , or by reason of any other matter , the party ...
... considered as an affirmance of the rule , or suffered a lach , shall , on special motion for the purpose , show , that by reason of any irregularity or insufficiency in the proceed- ings , or by reason of any other matter , the party ...
Page 44
... considered as the same suit , commenced in the court below , and continued in the court above ? With re- spect to this question , it is clearly laid down , " that " the record itself is never removed by habeas corpus , " but remains ...
... considered as the same suit , commenced in the court below , and continued in the court above ? With re- spect to this question , it is clearly laid down , " that " the record itself is never removed by habeas corpus , " but remains ...
Page 46
... considered , as not having come to a decided judgment , on this point ; my opinion against the defendant , is grounded , wholly on what I have previously advanced . I think the plea is insufficient , and therefore , that the defendant ...
... considered , as not having come to a decided judgment , on this point ; my opinion against the defendant , is grounded , wholly on what I have previously advanced . I think the plea is insufficient , and therefore , that the defendant ...
Page 53
... considered as a common rule , within the intent of the first general rule of April term , 1796 , and took time to consider of it till the succeeding Monday , when they ordered judgment for default of record . Oudenarde v . Van Bergen ...
... considered as a common rule , within the intent of the first general rule of April term , 1796 , and took time to consider of it till the succeeding Monday , when they ordered judgment for default of record . Oudenarde v . Van Bergen ...
Page 55
... considered as a precedent to govern . But it is reasonable that the defendant should be permitted to relinquish his de- fence , if he chuses to do so , as the introduction of a new party may vary his situation . Let him elect , by ...
... considered as a precedent to govern . But it is reasonable that the defendant should be permitted to relinquish his de- fence , if he chuses to do so , as the introduction of a new party may vary his situation . Let him elect , by ...
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Common terms and phrases
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
Popular passages
Page 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...
Page 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...
Page 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.
Page 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...
Page 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...
Page 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.
Page 394 - Shuman, have been placed under a rule to show cause why an attachment should not issue against them for contempt.
Page 352 - HENRY moved for judgment, as in case of nonSuit, for not proceeding to trial...
Page 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...
Page 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...