 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Hiram Edward Sickels, Edward Jordan Dimock, Edmund Hamilton Smith, Edwin Augustus Bedell, Louis J. Rezzemini, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1850 - 614 pages
...make out a proper case in all its parts for the jurisdiction of the court or officer, although such proof may be slight and inconclusive, the process will be valid until set aside on a direct proceeding for that purpose. Per JEWETT, CJ EJECTMENT, brought by Staples against... | |
 | Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...the proof has a legal tendency to make out a proper case in all its parts, for issuing the process, then, although the proof may be slight and inconclusive,...aside by a direct proceeding for that purpose. In one case the court acts without authority, in the other it only errs in judgment upon a question properly... | |
 | Francis Edward Cornwell - Civil law - 1859 - 702 pages
...make out a proper case in all its parts, for the jurisdiction of the court or officer, although such proof may be slight and inconclusive, the process will be valid until set aside on a direct proceeding for that purpose. Per JEWETT, Ch. J. Staple* v, Fairchild, 3 Comst.,... | |
 | Nathan Howard (Jr.) - Civil procedure - 1862 - 586 pages
...produced has a legal tendency to make out a proper case in all its parts, for issuing the process, then, although the proof may be slight and inconclusive,...set aside by a direct proceeding for that purpose. This is undoubtedly true ; but where there is a total defect of evidence as to any essential fact —... | |
 | Charles Daniel Drake - Attachment and garnishment - 1866 - 714 pages
...the proof has a legal tendency to make out a proper case, in all its parts, for issuing the process, then, although the proof may be slight and inconclusive,...valid until it is set aside by a direct proceeding fo, that purpose. In one case, the court acts without authority ; iu 1 Ford v. Woodward, 2 Smedes &... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1868 - 724 pages
...the proof has a legal tendency to make out a proper case in all its parts, for issuing the process, then although the proof may be slight and inconclusive, the process will be valid until set aside by a direct proceeding for that purpose. (Miller v. Brinkerhoff, 4 Denio, 118.) The main... | |
 | United States. Supreme Court - Law reports, digests, etc - 1876 - 802 pages
...case of jurisdiction, then, although the proof may be slight and inconclusive, the action of the court will be valid until it is set aside by a direct proceeding for that purpose. Nor is the distinction unsubstantial, as in the one case the court acts without authority, and the... | |
 | William A. Shinn - Bankruptcy - 1876 - 624 pages
...case of jurisdiction, then, although the proof may be slight and inconclusive, the action of the court will be valid until it is set aside by a direct proceeding for that New Lamp Chimney Co. v. Ansonia Brass aud Copper Co. purpose. Nor is the distinction unsubstantial,... | |
 | Law - 1876 - 816 pages
...make out & proper case in all its parts for the jurisdiction of the court or officer, although such proof may be slight and inconclusive, the process will be valid until set aside on a direct proceeding for that purpose. In one case the court acts without authority ; in... | |
 | Orlando Bump - Bankruptcy - 1877 - 1050 pages
...case of jurisdiction, then although the proof may be slight and inconclusive, the action of the court will be valid until it is set aside by a direct proceeding for that purpose. (Neta Lamp Chimney Co. v. Antonia aras» <è Copper Co. 10 BR 355; s. с. 13 ß. R. 385; sc 64 Barb.... | |
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But when the proof has a legal tendency to make out a proper case in all its parts, for issuing the process, then, although the proof may be slight and inconclusive, the process will be valid until it is set aside by a direct proceeding for that purpose. 
