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 2
... ment , and the rule on scire facias for the defendant to ap- pear , shall be rules of four days only ; and except further , that the plaintiff shall not be held to accept a plea in abate- ment after four days from the day of the service ...
... ment , and the rule on scire facias for the defendant to ap- pear , shall be rules of four days only ; and except further , that the plaintiff shall not be held to accept a plea in abate- ment after four days from the day of the service ...
Page 11
... ment shall go off from day to day , it shall still be entitled to be heard on the notice , without the necessity of a rule for enlarging the time to hear it . VI . That whenever it shall be intended to move to set aside a nonsuit or ...
... ment shall go off from day to day , it shall still be entitled to be heard on the notice , without the necessity of a rule for enlarging the time to hear it . VI . That whenever it shall be intended to move to set aside a nonsuit or ...
Page 27
... ment . In November term , 1804 , the following directions were given to the clerks , relative to the taxation of costs : 1. That where the defendant proceeds in a suit , he must add the judgment to the issue - roll filed by the ...
... ment . In November term , 1804 , the following directions were given to the clerks , relative to the taxation of costs : 1. That where the defendant proceeds in a suit , he must add the judgment to the issue - roll filed by the ...
Page 53
... ment . " Upon further reflection on the subject , and after " carefully examining the eighth rule entered in April term , 1796 , it appears to me to be the better con- " struction , that the entry of the default is indispensa- " ble to ...
... ment . " Upon further reflection on the subject , and after " carefully examining the eighth rule entered in April term , 1796 , it appears to me to be the better con- " struction , that the entry of the default is indispensa- " ble to ...
Page 54
... ment be set aside . " APRIL TERM , 1798 . Kettletas v . North . JUDGMENT had been rendered for the defendant on verdict , but the roll had not been filed . Burr , for the plaintiff , now suggested that he in- tended to bring a writ of ...
... ment be set aside . " APRIL TERM , 1798 . Kettletas v . North . JUDGMENT had been rendered for the defendant on verdict , but the roll had not been filed . Burr , for the plaintiff , now suggested that he in- tended to bring a writ of ...
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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...