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, Página 144,Volumen1G. & C. & H. Carvill, 1830 |
Dentro del libro
Resultados 1-5 de 100
Página 12
... seem that the records of the circuit courts of the United States are foreign records.47 Debt on spe- cialties , and 48 50 Thirdly - Debt lies upon specialties or contracts under seal to pay money , as on single bonds , 49 on charter ...
... seem that the records of the circuit courts of the United States are foreign records.47 Debt on spe- cialties , and 48 50 Thirdly - Debt lies upon specialties or contracts under seal to pay money , as on single bonds , 49 on charter ...
Página 55
... seems , that if the platntiff in error be non suited , or the writ of error discontinued , there can be no execution of the former judg- ment , without a scire facias . ORIGINAL PARTIES TO A JUDGMENT . or of writ of error . cution of fu ...
... seems , that if the platntiff in error be non suited , or the writ of error discontinued , there can be no execution of the former judg- ment , without a scire facias . ORIGINAL PARTIES TO A JUDGMENT . or of writ of error . cution of fu ...
Página 67
... seems that if a person be convicted of felony , and sentenced to the state prison for life , being civiliter mortuus , a scire facias can- not be issued to such convict , but it must be to his repre- sentatives.34 Executors and adminis ...
... seems that if a person be convicted of felony , and sentenced to the state prison for life , being civiliter mortuus , a scire facias can- not be issued to such convict , but it must be to his repre- sentatives.34 Executors and adminis ...
Página 110
... seems that the defendant may plead the non - joinder of his partners in abatement , 63 and that if several persons are joined as defendants in such action , the plaintiff must show a joint liability in all or be non - suited . And there ...
... seems that the defendant may plead the non - joinder of his partners in abatement , 63 and that if several persons are joined as defendants in such action , the plaintiff must show a joint liability in all or be non - suited . And there ...
Página 152
... seem to distinguish it as a proceeding by ori- ginal writ . But this is now a matter of curiosity rather than of any practical importance . It is unnecessary in this place , to enter more particularly preme court into the subject of the ...
... seem to distinguish it as a proceeding by ori- ginal writ . But this is now a matter of curiosity rather than of any practical importance . It is unnecessary in this place , to enter more particularly preme court into the subject of the ...
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Otras ediciones - Ver todas
The Practice in Civil Actions and Proceedings at Law in the State of New ... William Duer Sin vista previa disponible - 2015 |
The Practice in Civil Actions and Proceedings at Law in the State of New ... Elijah Paine,William Duer Sin vista previa disponible - 2015 |
Términos y frases comunes
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
Pasajes populares
Página 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.
Página 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...
Página 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...
Página 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.
Página 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.
Página 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.
Página 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.
Página 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...
Página 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.
Página 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.