The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volúmenes51-52Weed, Parsons, 1895 |
Dentro del libro
Resultados 1-5 de 74
Página 17
... practice , and a cality . Sections 1991-2007 of the Code at present apply to State writs ; sections 2067-2090 twenty - four sections in all , to the writ of man- damus especially . These twenty - four sections are reduced by Mr. Fiero ...
... practice , and a cality . Sections 1991-2007 of the Code at present apply to State writs ; sections 2067-2090 twenty - four sections in all , to the writ of man- damus especially . These twenty - four sections are reduced by Mr. Fiero ...
Página 23
... practice . No good purpose is served by it , since the order must be first granted , and the writ must follow the order . order is quite as capable of being enforced as a writ , and trouble and expense will be saved by making the order ...
... practice . No good purpose is served by it , since the order must be first granted , and the writ must follow the order . order is quite as capable of being enforced as a writ , and trouble and expense will be saved by making the order ...
Página 24
... practice of making a court or tribunal a party to a proceeding , and treating it as such to the exclusion of the real party in interest , who can only appear by the courtesy of the nominal defendant , is indefensible and contrary to the ...
... practice of making a court or tribunal a party to a proceeding , and treating it as such to the exclusion of the real party in interest , who can only appear by the courtesy of the nominal defendant , is indefensible and contrary to the ...
Página 26
... practice an order taking the place of what is now termed a peremptory mandamus and to allow this to be issued only upon notice as in the next section . It thus takes the place of the alter- native writ in the first instance , and ...
... practice an order taking the place of what is now termed a peremptory mandamus and to allow this to be issued only upon notice as in the next section . It thus takes the place of the alter- native writ in the first instance , and ...
Página 29
... Practice acts in States that are not regarded as having adopted the Code prac- tice . The great fundamental features of the new pro- cedure should receive the first and broadest atten- tion with a view of making the best possible system ...
... Practice acts in States that are not regarded as having adopted the Code prac- tice . The great fundamental features of the new pro- cedure should receive the first and broadest atten- tion with a view of making the best possible system ...
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The Albany Law Journal: A Monthly Record of the Law and the ..., Volúmenes47-48 Vista completa - 1898 |
Términos y frases comunes
action adopted ALBANY LAW JOURNAL amendment Appellate Division application appointed authority banks Bar Association bill certiorari Chap charter Chief Justice citizens civil Civil Procedure claim Code commerce committee common law Congress Constitution contract corporation Court of Appeals covenant criminal David Dudley Field decision defendant direct taxes duty enacted excises exempt existing fact favor Federal framers granted habeas corpus held important imposed income tax interest issue judge judgment judicial jurisdiction jury land Law School lawyers legislation Legislature levied liability Lord mandamus matter ment N. E. Rep opinion party passed person plaintiff practice present principle prisoner Procedure profession question real estate reason reform relating rent repeal revision Roman law rule Senate stare decisis statute Supreme Court taxation tion trial uniform United Veazie Bank words writ York
Pasajes populares
Página 311 - Its nature, therefore, requires, that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves.
Página 373 - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community but in consideration of public services, which not being descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary.
Página 369 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Página 180 - It is impossible that the allied powers should extend their political system to any portion of either continent, without endangering our peace and happiness; nor can anyone believe that our Southern Brethren, if left to themselves, would adopt it of their own accord. It is equally impossible, therefore, that we should behold such interposition, in any form, with indifference.
Página 8 - After laying down my pen, I took several turns in a berceau, or covered walk of acacias, which commands a prospect of the country, the lake and the mountains. The air was temperate, the sky was serene, the silver orb of the moon was reflected from the waters and all nature was silent.
Página 137 - Commerce, undoubtedly, is traffic, but it is something more, — it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
Página 410 - The power to regulate commerce comprehends the control for that purpose, and to the extent necessary, of all the navigable waters of the United States which are accessible from a state other than those in which they lie. For this purpose, they are the public property of the nation, and subject to all the requisite legislation by Congress.
Página 265 - That there might be no misunderstanding of the universality of this principle, it was expressly enacted, in 1867, that ' no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court.
Página 211 - The present assault upon capital is but the beginning. It will be but the stepping-stone to others, larger and more sweeping, till our political contests will become a war of the poor against the rich ; a war constantly growing in intensity and bitterness.
Página 369 - all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.