The New-York Legal Observer, Volume 7Samuel Owen Samuel Owen, 1849 - Law |
From inside the book
Results 1-5 of 96
Page 8
... notice of the frauds which he proposed to prove . The defendant ex- cepted to this and the other decisions of the court , and verdict and judgment having passed for the plaintiff , the defendant now brings error . If the discharge was ...
... notice of the frauds which he proposed to prove . The defendant ex- cepted to this and the other decisions of the court , and verdict and judgment having passed for the plaintiff , the defendant now brings error . If the discharge was ...
Page 9
... notice , specifying in writing such fraud . But that means no more than that notice shall be given when the case is such that the fraud may be pleaded , and not that the creditor must plead the fraud at his peril , where , as in this ...
... notice , specifying in writing such fraud . But that means no more than that notice shall be given when the case is such that the fraud may be pleaded , and not that the creditor must plead the fraud at his peril , where , as in this ...
Page 10
... notice in a newspaper is made to supply the place of pro- cess to bring the party into Court , and such notice will be sufficient to uphold the proceedings . But it proves nothing against the party in relation to any other matter . My ...
... notice in a newspaper is made to supply the place of pro- cess to bring the party into Court , and such notice will be sufficient to uphold the proceedings . But it proves nothing against the party in relation to any other matter . My ...
Page 12
... notice to be served upon the defendant , signed and acknowledged by himself , stating that $ 200 of the $ 500 , bet and deposited by Miller , belonged to him , plaintiff , and requiring the defendant to pay the sum to the bearer of the ...
... notice to be served upon the defendant , signed and acknowledged by himself , stating that $ 200 of the $ 500 , bet and deposited by Miller , belonged to him , plaintiff , and requiring the defendant to pay the sum to the bearer of the ...
Page 13
... notice that others were interested in the transaction . How is the stakeholder to know , when called upon by a stranger claiming a portion of the fund , whether the claim is just ? In the present case , for aught that appears , the ...
... notice that others were interested in the transaction . How is the stakeholder to know , when called upon by a stranger claiming a portion of the fund , whether the claim is just ? In the present case , for aught that appears , the ...
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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.