Practice Reports in the Supreme Court and Court of Appeals, Volume 31Joel Munsell, 1866 - Civil procedure |
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Common terms and phrases
44 Barb affidavit affirmed agreement alleged amendment amount app'lt apply appointed assessment assessors assignment authority Bank agt board of health cause of action charge claim Code common carriers common law complaint constitution contract conveyance costs counsel county court court of equity creditors Daly damages debt debtor defendant defendant's Digest Dimick discharge dower entitled equity evidence execution executor fact favor fraud Grand Trunk Railway granted Hadden Held indorser interest James De Vaucene judge judgment judgment debtor jurisdiction jury justice legislature liable license liquors matter of James Mayor meerschaums ment metropolitan police district mortgage motion negligence nunc pro tunc objection offer owner paid party payment person plaintiff premises proceedings provisions purchase question railroad received recover reference refused respondent special term statute street supreme court testator thereof Thomas Gill tion trial trust void Wend writ York
Popular passages
Page 499 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 295 - No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.
Page 530 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Page 308 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Page 86 - But a license is an authority to do a particular act, or series of acts, upon another's land, without possessing any estate therein.
Page 307 - But it is only in express constitutional provisions limiting legislative power and controlling the temporary will of a majority by a permanent and paramount law settled by the deliberate wisdom of the nation that one can find a safe and solid ground for the authority of Courts of justice to declare void any legislative enactment.
Page 10 - Every contract for the sale of any goods, chattels, or things in action, for the price of fifty dollars or more, shall be void, unless, 1.
Page 70 - November, 1892, leaving a last will and testament which was duly admitted to probate by the surrogate of the county of New York on the 21st of April, 1893.
Page 141 - And the appellate court may order a new trial if it be satisfied that the verdict against the prisoner was against the weight of evidence or against law, or that justice requires a new trial, whether any exception shall have been taken or not in the court below.
Page 621 - ... the power of congress to make the treasury notes of the United States a legal tender in payment of private debts.