Reports of Cases Argued and Determined in the Superior Court of the City of New York [1856-1863]: 1858-1860W.C. Little, 1861 |
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Strana 21
... trial ordered , the costs of the trial and of the hearing at the General Term , to be costs in the cause , and abide the event of the suit . Ordered accordingly . Elwell v . Crocker et al . JAMES W. ELWELL NEW YORK -- DECEMBER , 1858 . 21.
... trial ordered , the costs of the trial and of the hearing at the General Term , to be costs in the cause , and abide the event of the suit . Ordered accordingly . Elwell v . Crocker et al . JAMES W. ELWELL NEW YORK -- DECEMBER , 1858 . 21.
Strana 47
... trial , on a motion addressed , as such motions are in some degree , to the discretion of the Court . But this case is before us on appeal from the judgment and on the exceptions only . If otherwise , no such case is presented as above ...
... trial , on a motion addressed , as such motions are in some degree , to the discretion of the Court . But this case is before us on appeal from the judgment and on the exceptions only . If otherwise , no such case is presented as above ...
Strana 54
... trial , to be heard in the first instance at the General Term . The action was tried before Mr. Justice SLOSSON and a jury , on the 23d of April , 1857. It was brought by the plaintiff ( Dudley Smith ) , a resident of the State of New ...
... trial , to be heard in the first instance at the General Term . The action was tried before Mr. Justice SLOSSON and a jury , on the 23d of April , 1857. It was brought by the plaintiff ( Dudley Smith ) , a resident of the State of New ...
Strana 60
... trial of an action for the goods so sold . ( Before HOFFMAN , PIERREPONT and MONCRIEF , J. J. ) Heard , December 15 , 1858 ; decided , January 15 , 1859 . THIS is an appeal by the defendant , Smith , from an order denying a motion made ...
... trial of an action for the goods so sold . ( Before HOFFMAN , PIERREPONT and MONCRIEF , J. J. ) Heard , December 15 , 1858 ; decided , January 15 , 1859 . THIS is an appeal by the defendant , Smith , from an order denying a motion made ...
Strana 62
... trial , and on the trial the note was produced at the request of the defendant . William Stanley , for the appellant , ( the defendant Smith . ) W. W. Niles , for the respondents , ( the plaintiffs . ) MONCRIEF , J. It is insisted that ...
... trial , and on the trial the note was produced at the request of the defendant . William Stanley , for the appellant , ( the defendant Smith . ) W. W. Niles , for the respondents , ( the plaintiffs . ) MONCRIEF , J. It is insisted that ...
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agent agreement alleged amended American Exchange Bank amount answer appeal applied assignment attorney authority averred bail Bank of Akron Barb bill Bosw.-VOL BOSWORTH Cashier cause of action charge City claim Code commenced complaint contract costs counsel Court court of equity creditors damages debt debtor decision declared defendant defendant's delivered demurrer denied discharge equity evidence excepted execution fact fraud given ground held Herman Thorn indorsed insolvent Insurance Company issued John Judge judgment jurisdiction jury Justice lease liable loan loss marriage ment MONCRIEF mortgage motion Mutual Insurance notice October Ogden paid parties payable payment person plaintiff pleadings premium proof proved purchase question received referred refused rent rule Second Avenue Railroad Seld Sheriff statute statute of frauds stockholders subscription suit thereof Thorn tiff tion trial usury verdict Wend wheat witness Woodruff & Beach York York Mutual
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Strana 662 - ... when a question of fact, not put in issue by the pleadings, is to be tried by a jury, an order for the trial may be made, stating distinctly and plainly the question of fact to be tried ; and such order shall be the only authority necessary for a trial.
Strana 351 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits.
Strana 368 - All laws now in force in the territory of Wisconsin, which are not repugnant to this constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the legislature.
Strana 433 - Title, and that he is the owner in good faith, and in his own right, of the number of shares of stock required by this...
Strana 433 - Each director, when appointed or elected, shall take an oath that he will, so far as the duty devolves on him, diligently and honestly administer the affairs of such association, and will not knowingly violate, or willingly permit to be violated, any of the provisions of this Title...
Strana 662 - In cases where the trial of issues of fact is not provided for by the Code, if either party shall desire a trial by jury, such party shall, within ten days after issue joined, give notice of a special motion to be made upon the pleadings, that the whole issue, or any specific questions of fact involved therein, be tried by a jury.
Strana 108 - ... 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...
Strana 367 - The Secretary of State, State Treasurer and Commissioner of the State Land Office shall constitute a Board of State Auditors, to examine and adjust all claims against the State, not otherwise provided for by general law.
Strana 378 - It is a universal principle that where power or jurisdiction is delegated to any public officer or tribunal over a subject matter, and its exercise is confided to his or their discretion, the acts so done are binding and valid as to the subject matter...
Strana 499 - ... 1 § 33. Perhaps the most general, if not the most precise, description of a Court of Equity, in the English and American sense, is, that it has jurisdiction in cases of rights recognized and protected by the municipal jurisprudence, where a plain, adequate, and complete remedy cannot be had in the Courts of Common Law.