Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York [1828-1841], Volume 21
Gould, Banks & Company, 1846 - Law reports, digests, etc
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action agent agreed agreement alleged allowed amount answer appear applied assigned authority averred bank bill bond brought called cause charge circuit cited claim common condition consideration considered contract counsel count court covenant Cowen damages debt deed defendant delivered demand denied directed effect endorser entitled error evidence exception execution fact give given granted ground held intended interest issue Johns judge judgment jury justice land matter means ment nature necessary notice objection paid parties passed payment person plaintiff plea pleaded possession premises present principle prisoner proceedings proof prove purchase question reason received recover rendered respect rule sheriff statute sued sufficient suit sustained taken thing tion trial verdict Wendell whole witness writ York
Page 706 - Managers and trustees now serving as members of boards which have more than seven members may be continued in office until the expiration of the term for which they were appointed but no new appointments shall be made to such boards until their membership is reduced to less than seven.
Page 390 - The children of persons who have been duly naturalized under any law of the United States, or who, previous to the passing of any law on that subject, by the Government of the United States, may have become citizens of any one of the States, under the laws thereof, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof; and the children of persons who now are, or have been, citizens of...
Page 390 - ... being so naturalized or admitted to the rights of citizenship, shall, if dwelling in the United States, be considered as citizens of the United States...
Page 659 - Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law; for that were to make all deeds hollow, and subject to averments, and so in effect, that to pass without deed, which the law appointeth shall not pass but by deed.
Page 167 - In all restraints of trade, where nothing more appears, the law presumes them bad ; but if the circumstances are set forth, that presumption is excluded, and the Court is to judge of those circumstances, and determine accordingly; and if upon them it appears to be a just and honest contract, it ought to be maintained.
Page 46 - The rule for jurisdiction is, that nothing shall be intended to be out of the jurisdiction of a superior Court but that which specially appears to be so...
Page 64 - When he is related to either party by consanguinity or affinity within the third degree, computed according to the rules of law; 3.
Page 197 - But to prevent litigation, collusion, and the necessity of going into circumstances impossible to be unravelled, the law presumes against the carrier, unless he shows it was done by the king's enemies, or by such act as could not happen by the intervention of man, as storms, lightning, and tempests.
Page 119 - The certificate of a notary public of the State, under his hand and . seal of office, of the presentment by him, for acceptance or payment, or of the protest, for non-acceptance or non-payment, of a promissory note or bill of exchange, or of the service of notice thereof on a party to the note or bill ; specifying the mode of giving the notice, the reputed place of residence of the party to whom it was given...
Page 182 - The rule seems to be well established that in the exercise of a public as well as private authority, whether it be ministerial or judicial, all the persons to whom it is committed must confer and act together, unless there be a provision that a less number may proceed.