The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and District Courts, Appellate Courts of the Several States, State and City Courts of New York and English Courts, Volumen1McDivitt, Campbell & Company, 1876 |
Dentro del libro
Resultados 1-5 de 87
Página 5
... issue . Ex parte the filing of an affidavit of merits , and the Court below opened the default on terms . Plaintiff appealed . Held . That the order was discretionary , and such an order can be reversed only where an abuse of discretion ...
... issue . Ex parte the filing of an affidavit of merits , and the Court below opened the default on terms . Plaintiff appealed . Held . That the order was discretionary , and such an order can be reversed only where an abuse of discretion ...
Página 19
... issue on the petition . They answered that the property was sold to Eliza Kyle by the mortgagor , and that he placed her in possession before the suit was brought , and that she had sold , con- veyed , and delivered possession to one of ...
... issue on the petition . They answered that the property was sold to Eliza Kyle by the mortgagor , and that he placed her in possession before the suit was brought , and that she had sold , con- veyed , and delivered possession to one of ...
Página 20
... issue , when not pleaded . Res adjudicata . Discretionary power of court below to grant an extra allowance , not appealable . which it determined to be amount in lit- igation . Held , That the court had not exceeded its discretionary ...
... issue , when not pleaded . Res adjudicata . Discretionary power of court below to grant an extra allowance , not appealable . which it determined to be amount in lit- igation . Held , That the court had not exceeded its discretionary ...
Página 24
... issues without an order of the court . in this action , and report the same , with his opinion thereon , to the court ... issue is joined . For such irreg- chanic's lien , when and how to be ularities , or for the admission of im- made ...
... issues without an order of the court . in this action , and report the same , with his opinion thereon , to the court ... issue is joined . For such irreg- chanic's lien , when and how to be ularities , or for the admission of im- made ...
Página 25
... Issues not raised on trial , effect of . VI . Motion for a new trial on the ground of newly discovered evidence . VIII ... issue has been raised by the pleadings as to who was the real party in interest , and when no ev- idence was given ...
... Issues not raised on trial , effect of . VI . Motion for a new trial on the ground of newly discovered evidence . VIII ... issue has been raised by the pleadings as to who was the real party in interest , and when no ev- idence was given ...
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Términos y frases comunes
action was brought affidavit affirmed agent agreement alleged amend amount application applt appointed April 22 assessment assignment authority Bank bankrupt bankruptcy bill bonds cause cause of action Chap charge City claim complaint concurring contract corporation costs County Court of Appeals Court of Equity creditors damages debt decree deed defendant defendant's demurrer DEPT District entitled equity error evidence execution executors fact fendant filed foreclosure fraud Gen'l granted ground Held interest issue Judge judgment June jurisdiction jury Justice land lease liable lien ment mortgage motion N. Y. Court N. Y. Supreme Court negligence Opinion owner paid parties payment person petition plaintiff plaintiff in error premises proceedings purchase question real estate recover refused respt sold Special Term statute Statute of Frauds struck jury suit testator thereof tiff tion trial trustees usury verdict void writ York
Pasajes populares
Página 34 - The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability.
Página 168 - ... for all the debts of the company then existing, and for all that shall be thereafter contracted...
Página 175 - The privilege of the debtor to enjoy the necessary comforts of life, shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted; and there shall be no imprisonment for debt, except in case of fraud.
Página 143 - Any officer authorized by law to make arrests may lawfully take possession of any animals, or implements, or other property used or employed, or about to be used or employed, in the violation of any provision of law relating to fights among animals. He shall state to the person in charge thereof, at the time of such taking, his name and residence, and also, the time and place at which the application provided for by the next section will be made.
Página 535 - ... made with a view to prevent his property from coming to his assignee in bankruptcy, or to prevent the same from being distributed under this act...
Página 317 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Página 454 - States, he or they may make and file a petition in such suit in such state court before or at the term at which said cause could be first tried, and before the trial thereof...
Página 144 - Such as shall have been mortgaged to it in good faith, by way of security for loans previously contracted, or for moneys due ; or, 3.
Página 290 - The result is a conviction that the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the General Government.
Página 336 - Where a grant for a valuable consideration shall be made' to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.