Practice Reports in the Supreme Court and Court of Appeals, Volumen12Joel Munsell, 1856 |
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Página 54
... decision of the court , and judgment may be entered thereon in the same manner as if the action had been tried by the court . " ( Code , § 272. ) It is unnecessary , in determining this action , to hold , that a judgment rendered upon ...
... decision of the court , and judgment may be entered thereon in the same manner as if the action had been tried by the court . " ( Code , § 272. ) It is unnecessary , in determining this action , to hold , that a judgment rendered upon ...
Página 83
... decision . ) The courts can only declare an act of the legislature void when it conflicts with the written constitution . The legislature is the sole judge of the necessity for such laws as it shall enact , and unless its acts trench ...
... decision . ) The courts can only declare an act of the legislature void when it conflicts with the written constitution . The legislature is the sole judge of the necessity for such laws as it shall enact , and unless its acts trench ...
Página 85
... decision was unanimous that the law was consti- tutional , and that it was legitimately within the province of the legislature to enact it . The chief justice , in his opinion , said , " The power of congress over commerce does not ...
... decision was unanimous that the law was consti- tutional , and that it was legitimately within the province of the legislature to enact it . The chief justice , in his opinion , said , " The power of congress over commerce does not ...
Página 94
... decision was unanimous by the judges present , and is also said to be concurred in by the new judges , PAIGE and ROSEKRANS , of the same district . ] SUPERIOR COURT . DAVID O'NEIL and others agt . FREDERICK F. DURKEE . A motion to ...
... decision was unanimous by the judges present , and is also said to be concurred in by the new judges , PAIGE and ROSEKRANS , of the same district . ] SUPERIOR COURT . DAVID O'NEIL and others agt . FREDERICK F. DURKEE . A motion to ...
Página 97
... decision thereon is not the subject of review upon appeal ; though it comes within the letter of the Code , and that statute authorizing an appeal : because the jurisdiction of the court is taken away by the statute under which the ...
... decision thereon is not the subject of review upon appeal ; though it comes within the letter of the Code , and that statute authorizing an appeal : because the jurisdiction of the court is taken away by the statute under which the ...
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Términos y frases comunes
affidavit alleged allowed amend amount answer appear application appointed assessment assignment assignor attorney authority bail cause of action claim clerk Code commenced commissioners common law complaint confession of judgment constitution contract corporation costs counsel creditors debt debtor decision declared defendant defendant's demurrer denied duty entitled equitable exceptions execution executors facts fendant filed fraudulent granted ground held injunction intended issue John John Harrison judge judgment judgment-debtor jurisdiction jury Justice lands legislature liable liquors M'Intosh mandamus matter ment mortgage motion necessary New-York Special Term notice objection officers order of arrest owner party payment person plain plaintiff pleading premises proceedings promissory note provisions question receiver recover referee remedy Schuyler county sheriff statute subrogation sufficient suit summons supervisors SUPREME COURT sustained thereof Thomas Burroughs tiff tion Toynbee-same agt trial trustees verdict Wend witness Wynhammer
Pasajes populares
Página 241 - No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.
Página 130 - The commissioned officers of the militia shall be commissioned by the Governor ; and no commissioned officer shall be removed from office, unless by the Senate on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the decision of a court martial, pursuant to law. The present officers of the militia shall hold their commissions subject to removal, as before provided.
Página 117 - ... shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Página 250 - It may well be doubted whether the nature of society and of government does not prescribe some limits to the legislative power; and if any be prescribed, where are they to be found, if the property of an individual, fairly and honestly acquired, may be seized without compensation?
Página 176 - ... into the next circuit court, to be held in the district where the suit is pending...
Página 25 - ... after the return of an execution against his property unsatisfied in whole or in part...
Página 180 - ... it shall then be the duty of the state court to accept the surety, and proceed no further in the cause...
Página 83 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Página 99 - In a final order affecting a substantial right, made in a special proceeding, or upon a summary application in an action, after judgment.
Página 180 - That 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 interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...