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 70
Página 2
... writ of nuisance , ting to real the action of trespass on lands , and proceedings in partition.3 Personal actions ... writs of error . personal ac- All personal actions except replevin are brought for the recovery of a debt or for ...
... writ of nuisance , ting to real the action of trespass on lands , and proceedings in partition.3 Personal actions ... writs of error . personal ac- All personal actions except replevin are brought for the recovery of a debt or for ...
Página 51
... writ of error should be brought , a writ of error could not be brought upon the scire facias.50 public reme- In its character of a public remedy , scire facias lies in be- Its uses as a half of the people of the state to vacate letters ...
... writ of error should be brought , a writ of error could not be brought upon the scire facias.50 public reme- In its character of a public remedy , scire facias lies in be- Its uses as a half of the people of the state to vacate letters ...
Página 55
... writ of error and thereby hinder the plaintiff from taking out execution within the two years and the judgment be affirmed , the plaintiff in error non suited , or the writ of error abated or discontinued , the defendant in error may ...
... writ of error and thereby hinder the plaintiff from taking out execution within the two years and the judgment be affirmed , the plaintiff in error non suited , or the writ of error abated or discontinued , the defendant in error may ...
Página 57
... error shall establish that the recovery was obtained by fraud , he shall be entitled to the possession and issues ; but that " such tenant may have a writ of scire facias upon the same judgment , so reversed or given on any writ of error ...
... error shall establish that the recovery was obtained by fraud , he shall be entitled to the possession and issues ; but that " such tenant may have a writ of scire facias upon the same judgment , so reversed or given on any writ of error ...
Página 59
... error , cannot excuse themselves by a render of their principal , and therefore , it is not necessary to issue a capias ad satisfaciendum in order to proceed against them , 92 but debt or scire facias , lies whenever the writ of error ...
... error , cannot excuse themselves by a render of their principal , and therefore , it is not necessary to issue a capias ad satisfaciendum in order to proceed against them , 92 but debt or scire facias , lies whenever the writ of error ...
Contenido
416 | |
430 | |
447 | |
457 | |
468 | |
478 | |
506 | |
521 | |
131 | |
141 | |
175 | |
200 | |
217 | |
224 | |
236 | |
247 | |
255 | |
319 | |
349 | |
356 | |
393 | |
543 | |
553 | |
568 | |
587 | |
595 | |
603 | |
615 | |
629 | |
637 | |
639 | |
647 | |
659 | |
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.