Reports of Cases Argued and Determined in the Supreme Court And, at Law, in the Court of Errors and Appeals of the State of New Jersey, Volume 5Soney and Sage, 1875 - Law reports, digests, etc |
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action alleged answer appeared assigned attorney bill bond C. E. Gr cause cents certiorari charge claim Common Pleas counsel covenant Coxe creditors damages David Sheppard death debt declaration deed defendant defendant's demand demurrer deponent devise discharge dollars Dutch endorsed entered error evidence execution facts favour fendant filed Gibbons given Gustin habeas corpus hands heirs issue John Jonas Phillips Joseph judge judgment jury KIRKPATRICK C. J. land lease ment Miller Morris Canal motion nonsuit objection Ogden opinion paid parties payment person Phares plaintiff plaintiff in error pleaded possession premises proceedings proof prove question reason reversed rule Sarah Young scire facias Sept sheriff shew SOUTHARD statute Stevens Stockton suit tail taken tenant testator testator's testimony Thomas Peterson Thomas Willson tion trial Vancleve verdict William Young witness words writ
Popular passages
Page 598 - A rule having been obtained calling on the plaintiff to shew cause why the verdict should not be set aside, and a new trial had, on...
Page 479 - ... shall either reduce or enlarge his estate to an estate tail (a), because they are supposed to be inserted in favour of the issue, that they shall have it; and the intent shall take place. And...
Page 566 - ... that they have re-insured their risks with other persons carrying on business in the insurance world, notably at Lloyd's. On the other hand, the contract demanded by the Dock Board was a guarantee ; the defendants in the contract style themselves sureties ; the contract appears in substance to be a contract to answer for the debt, default or miscarriage of another ; and the express provisions negativing release of the
Page 860 - ... forthwith being demanded concerning the premises in the said indictment above specified and charged upon him, how he will acquit himself thereof, he saith that he is not guilty thereof, and thereof for good and evil he puts himself upon the country; and John Blencowe, esq.
Page 640 - I am the (father, only surviving parent, or guardian, as the case may be) of ; that the said is years of age ; and I do hereby freely give my consent to his enlisting as a soldier in the Army of the United States for the period of three years.
Page 524 - Incapacity, can and ought to have but little weight with rational men, investigating the truth upon their oaths; that If, upon the whole, they should be of opinion that the mental powers of the testatrix were so far enfeebled and broken as that she could not make a discreet disposition of her affairs herself, and the will in question was devised by other persons, and only assented to by her upon being asked, without the power of understanding it, then they ought to find for the plaintiff,— that...
Page 759 - By these terms" (a sound and disposing mind and memory) " it has not been understood that a testator must possess these qualities of the mind in the highest degree, otherwise very few could make testaments at all ; neither has it been understood that...
Page 506 - It is a French word, and originally signifies a string, tie, or band, and in the metaphorical sense in which the law uses it, it signifies such hold or claim upon a thing, for the satisfaction of a debt, duty or demand, as that it cannot be taken away until the same be satisfied and paid. It is in this sense properly applicable, and...
Page 860 - That the license to be issued on such application, shall be in the following form : county, to wit : At the inferior court of common pleas, in and for the said county, held at in the same, the day of , in the year of our Lord one thousand . The said court do hereby allow and license AB of the township of in the county aforesaid, to keep a temperance inn and tavern, in the house wherein dwells, for one whole year from the day...
Page 514 - ... parties under facts like these. What is the writ of habeas corpus ? The writ used in this case is the great and efficacious writ, ad subjiciendum, which is directed to a person detaining another and commanding him to produce the prisoner with the day, &c. 3 BL, 131 ; 8 St.