The New-York Legal Observer, Volume 7Samuel Owen Samuel Owen, 1849 - Law |
From inside the book
Results 1-5 of 100
Page 2
... fact being established , the juror must be set aside . If the triers , then , after the establishment of the fact , they can look further and decide whether , under the peculiar circumstances of the case , the expression of an opinien ...
... fact being established , the juror must be set aside . If the triers , then , after the establishment of the fact , they can look further and decide whether , under the peculiar circumstances of the case , the expression of an opinien ...
Page 5
... facts is cogent , that the steamer had no reason to expect the schooner would attempt a navigation hazardous to herself , if not impracticable , and was accordingly rightfully continued on the course which would be proper , in case the ...
... facts is cogent , that the steamer had no reason to expect the schooner would attempt a navigation hazardous to herself , if not impracticable , and was accordingly rightfully continued on the course which would be proper , in case the ...
Page 7
... facts in proof , casts on them the responsibility of so conducting the steamer as to avoid meeting the schooner at that point , and charges them with the consequences following the collision . The decree must therefore be entered for ...
... facts in proof , casts on them the responsibility of so conducting the steamer as to avoid meeting the schooner at that point , and charges them with the consequences following the collision . The decree must therefore be entered for ...
Page 11
... fact made by another , cannot sue to recover the money back ; such action lies only by the person actually making the bet . THE facts of this case are sufficiently stated in the opinion of the court . The cause was argued at the Čayuga ...
... fact made by another , cannot sue to recover the money back ; such action lies only by the person actually making the bet . THE facts of this case are sufficiently stated in the opinion of the court . The cause was argued at the Čayuga ...
Page 12
... fact was disclosed at all to the defendant , or to Noble , at the time of making the bet . The written memorandum ... facts in this case , Miller who made the bet , is clearly embraced in the terms used , but do they also include the ...
... fact was disclosed at all to the defendant , or to Noble , at the time of making the bet . The written memorandum ... facts in this case , Miller who made the bet , is clearly embraced in the terms used , but do they also include the ...
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Common terms and phrases
action accrued admiralty affidavit alleged answer appear apply arrest assignment attorney authority aver bail Bank bill cause of action Cayuga County charge claim claimant Code common law complaint contract costs Court of Common court of equity decision deed defendant defendant's delivered demurrer discharge dishonor endorser entitled escheated evidence execution executors facts fraud freight granted habeas corpus heirs held intent issue judge judgment jurisdiction jury justice land liable libellants matter ment motion N. Y. Court N. Y. Superior N. Y. Supreme ne exeat necessary New-York nonsuit notice of protest opinion owner paid party payment person pilot plaintiff plaintiff in error plea pleading possession presumption promissory note proof proved provisions question real estate recover reply resided Rhode Island rule schooner slave sold statute Striker sufficient suit Supreme Court testator tion trial trust U. S. District verdict vessel Wend witness
Popular passages
Page 281 - ... and if, after such cause of action shall have accrued, such person shall depart from and reside out of this state, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.
Page 90 - ... to be secretly confined or imprisoned in this state, or to be sent out of the state, or...
Page 66 - The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment.
Page 289 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 130 - ... or arrested, doth, under the laws of the state or territory from which he or she fled, owe service or labor to the person claiming him or her, it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, his agent or attorney, which shall be sufficient warrant for removing the said fugitive from labor to the state or territory from which he or she fled.
Page 277 - ... supply plaintiff with certain articles. Breach : that defendant did not nor would, within twelve months from the said day, to wit, the day and year aforesaid, supply the articles.
Page 130 - That when a person held to labour in any of the United States, or in either of the territories on the northwest or south of the river Ohio, under the laws thereof, shall escape...
Page 87 - No person offered as a witness shall be excluded by reason of his interest in the event of the action.
Page 159 - ... he who bargains in a matter of advantage with a person placing a confidence in him, is bound to show that a reasonable use has been made of that confidence, a rule applying equally to all persons standing in confidential relations with each other.
Page 289 - When the decision of a court of inferior jurisdiction in a special proceeding, shall be brought before the supreme court for review, such proceeding shall, for all purposes of costs, be deemed an action at issue, on a question of law, from the time the same shall be brought into the supreme court, and costs thereon shall be awarded and collected in such manner as the court shall direct, according to the nature of the case.