The New-York Legal Observer, Volume 7Samuel Owen Samuel Owen, 1849 - Law |
From inside the book
Results 1-5 of 48
Page 2
... considered and collated every thing which the books then furnished . He lays down the law to be , " If a juror say that he will pass for the one party , this is good challenge for favor , if he said this in favor of him . " 2 Roll . Abr ...
... considered and collated every thing which the books then furnished . He lays down the law to be , " If a juror say that he will pass for the one party , this is good challenge for favor , if he said this in favor of him . " 2 Roll . Abr ...
Page 9
... considered the question as though the defendant knew of the discharge at the time of pleading . But there is no evidence of that fact , nor any sufficient ground for presuming it . It may well be that he never heard of the discharge ...
... considered the question as though the defendant knew of the discharge at the time of pleading . But there is no evidence of that fact , nor any sufficient ground for presuming it . It may well be that he never heard of the discharge ...
Page 12
... considered is , whether the action should have been brought by Miller , who made the bet and deposited the money , or whether the defendant is liable in a separate suit to every person who may have contributed more or less to make up ...
... considered is , whether the action should have been brought by Miller , who made the bet and deposited the money , or whether the defendant is liable in a separate suit to every person who may have contributed more or less to make up ...
Page 24
... considered as admitted . This view also appears to be the correct one , from the provisions of section 149 , which allows the court to amend the pleadings by inserting other allegations material to the case , which would be unne ...
... considered as admitted . This view also appears to be the correct one , from the provisions of section 149 , which allows the court to amend the pleadings by inserting other allegations material to the case , which would be unne ...
Page 25
... considered ; lands ordered to be sold by will are legal , those authorized to be sold are equitable assets . The Surrogate's Court has only juris- diction to compel an account in case of the former , where there is an " out and out ...
... considered ; lands ordered to be sold by will are legal , those authorized to be sold are equitable assets . The Surrogate's Court has only juris- diction to compel an account in case of the former , where there is an " out and out ...
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Common terms and phrases
action accrued admiralty affidavit alleged answer appear apply arrest assignment attorney authority aver bail Bank bill cause of action Cayuga County charge claim claimant Code common law complaint contract costs Court of Common court of equity decision deed defendant defendant's delivered demurrer discharge dishonor endorser entitled escheated evidence execution executors facts fraud freight granted habeas corpus heirs held intent issue judge judgment jurisdiction jury justice land liable libellants matter ment motion N. Y. Court N. Y. Superior N. Y. Supreme ne exeat necessary New-York nonsuit notice of protest opinion owner paid party payment person pilot plaintiff plaintiff in error plea pleading possession presumption promissory note proof proved provisions question real estate recover reply resided Rhode Island rule schooner slave sold statute Striker sufficient suit Supreme Court testator tion trial trust U. S. District verdict vessel Wend witness
Popular passages
Page 281 - ... and if, after such cause of action shall have accrued, such person shall depart from and reside out of this state, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.
Page 90 - ... to be secretly confined or imprisoned in this state, or to be sent out of the state, or...
Page 66 - The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment.
Page 289 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 130 - ... or arrested, doth, under the laws of the state or territory from which he or she fled, owe service or labor to the person claiming him or her, it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, his agent or attorney, which shall be sufficient warrant for removing the said fugitive from labor to the state or territory from which he or she fled.
Page 277 - ... supply plaintiff with certain articles. Breach : that defendant did not nor would, within twelve months from the said day, to wit, the day and year aforesaid, supply the articles.
Page 130 - That when a person held to labour in any of the United States, or in either of the territories on the northwest or south of the river Ohio, under the laws thereof, shall escape...
Page 87 - No person offered as a witness shall be excluded by reason of his interest in the event of the action.
Page 159 - ... he who bargains in a matter of advantage with a person placing a confidence in him, is bound to show that a reasonable use has been made of that confidence, a rule applying equally to all persons standing in confidential relations with each other.
Page 289 - When the decision of a court of inferior jurisdiction in a special proceeding, shall be brought before the supreme court for review, such proceeding shall, for all purposes of costs, be deemed an action at issue, on a question of law, from the time the same shall be brought into the supreme court, and costs thereon shall be awarded and collected in such manner as the court shall direct, according to the nature of the case.