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], Volumen21Gould, Banks & Company, 1846 |
Otras ediciones - Ver todas
Reports of Cases Argued and Determined in the Supreme Court of ..., Volumen21 New York (State) Supreme Court Sin vista previa disponible - 2015 |
Términos y frases comunes
Abeona action agreement alleged appear apply assigned assumpsit authority averred bank bill bond cause certiorari charge circuit judges cited claim common carriers common law common pleas consideration contract counsel count court covenant Cowen creditor damages debt debtor declaration deed defendant defendant's delivered demurrer denied drawer endorser entitled evidence execution executor fact favor fendant franchise fraud granted ground held indictment intended Isaac Booth issue Johns judgment jurisdiction jury justice land legislature liable matter ment mill Morris Canal mortgage nonsuit notice objection paid parties payment person plaintiff in error pleaded possession premises principal prisoner proceedings promissory note proof prove purchase question quo warranto received recover rendered replevin replication rule sheriff statute sued suit sustained taken testator tiff tion trespass trial trover usury verdict vessel void Wendell witness writ of error
Pasajes populares
Página 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.
Página 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...
Página 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...
Página 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.
Página 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.
Página 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...
Página 64 - When he is related to either party by consanguinity or affinity within the third degree, computed according to the rules of law; 3.
Página 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.
Página 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...
Página 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.