The Practice in Civil Actions and Proceedings at Law in the State of New York: In the Supreme Court, and Other Courts of the State; and Also in the Courts of the United States, Page 144, Volume 1G. & C. & H. Carvill, 1830 - Civil procedure |
From inside the book
Results 1-5 of 100
Page 4
... party , and such report be confirmed , judgment shall be rendered thereon as in other cases of reference ; and if they report that no balance is due either party , judgment shall be rendered against the plaintiff , with the like effect ...
... party , and such report be confirmed , judgment shall be rendered thereon as in other cases of reference ; and if they report that no balance is due either party , judgment shall be rendered against the plaintiff , with the like effect ...
Page 5
... party has power by law to perform.18 It must not at the time of making the promise have been past or exe- cuted , unless the act was done at the request either express or implied of the party promising.19 Mutual promises , if they ...
... party has power by law to perform.18 It must not at the time of making the promise have been past or exe- cuted , unless the act was done at the request either express or implied of the party promising.19 Mutual promises , if they ...
Page 10
... party will discharge it . feitures . The statute imposing a penalty often gives an action for its recovery expressly . But where this is not done it may be re- covered by the party entitled in an action of debt.36 The penalty is ...
... party will discharge it . feitures . The statute imposing a penalty often gives an action for its recovery expressly . But where this is not done it may be re- covered by the party entitled in an action of debt.36 The penalty is ...
Page 14
... parties , as collected from the whole context of the instrument , and according to the reasonable sense of the words.75 ... party by his own contract , imposes on himself a duty or charge , he is bound to make it good , notwithstanding ...
... parties , as collected from the whole context of the instrument , and according to the reasonable sense of the words.75 ... party by his own contract , imposes on himself a duty or charge , he is bound to make it good , notwithstanding ...
Page 29
... parties . Liens may be waived by a special agreement as to the time or mode of payment , but not merely by an ... party to an or infamous punishment . An imputation of the mere defect or infamous or want of virtue , moral duties ...
... parties . Liens may be waived by a special agreement as to the time or mode of payment , but not merely by an ... party to an or infamous punishment . An imputation of the mere defect or infamous or want of virtue , moral duties ...
Contents
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Other editions - View all
The Practice in Civil Actions and Proceedings at Law in the State of New ... William Duer No preview available - 2015 |
The Practice in Civil Actions and Proceedings at Law in the State of New ... Elijah Paine,William Duer No preview available - 2015 |
Common terms and phrases
15 Johns affidavit allowed amend appear appellate apply appointed arrest assumpsit attorney authorised bail bill bond brought Caines capias cause of action Chit circuit court circuit judge clerk commenced commissioners common law common pleas contract coroner costs court of common Cowen Cranch damages debt debtor declaration default defendant demurrer district court duty East's Rep entered entitled ex delicto execution executors or administrators filed grant habeas corpus held issue judgment judiciary act JURISDIC jurisdiction jurors jury justice latitat liable mandamus ment nolle prosequi nonsuit notice original writ party person plaintiff plea in abatement plead Prac Pract practice proceedings Raym record recover replevin revised statutes rule Salk Saund scire facias sheriff sued suit supreme court Taunt Term Rep thereof Tidd tion trespass trial United verdict vide Wheat witness writ of error
Popular passages
Page 283 - That all the before-mentioned courts of the United States, shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Page 334 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Page 256 - The circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and arising under the Constitution or laws of the United States...
Page 11 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Page 243 - And shall also have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the Sea by Vessels of ten or more tons burthen, within their respective districts as well as upon the high seas.
Page 176 - I do solemnly swear, (or affirm, as the case may be,) that I will support the constitution of the United States, .and the constitution of the State of New- York; and that I will faithfully discharge the duties of the office of according to the best of my ability.
Page 256 - ... nor shall any district or circuit court have cognizance of any suit to recover the contents of any promissory note or other chose in action in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Page 334 - States, and the decision is against their validity, or where is drawn in question the validity of a statute of, or an authority exercised under any State on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of their validity...
Page 341 - It is the essential criterion of appellate jurisdiction, that it revises and corrects the proceedings in a cause already instituted, and does not create that case.
Page 282 - All of the said courts shall have power to grant new trials, in cases where there has been a trial by jury, for reasons for which new trials have usually been granted in the courts of law.