Practice Reports in the Supreme Court and Court of Appeals, 11. sējumsJoel Munsell, 1856 |
No grāmatas satura
1.5. rezultāts no 82.
7. lappuse
... plead it , but that the ground of his exemption from a suit in a state court is not a personal privilege , nor even the right of his sovereign ; but that it is the right and privilege of the United States that he should be sued in the ...
... plead it , but that the ground of his exemption from a suit in a state court is not a personal privilege , nor even the right of his sovereign ; but that it is the right and privilege of the United States that he should be sued in the ...
14. lappuse
... pleading , a count in favor of the plaintiff in his individual right , it does not contain a statement of facts constituting a cause of action . The fact that the plain- tiff is administrator , and has been regularly appointed by the ...
... pleading , a count in favor of the plaintiff in his individual right , it does not contain a statement of facts constituting a cause of action . The fact that the plain- tiff is administrator , and has been regularly appointed by the ...
28. lappuse
... pleadings , where there is any room for doubt , than by an application to a judge for judgment because of friv- olousness . It should be a strong case to authorize an inter- ference in this summary manner . ( Van Santf . Pl . 433 ; Gra ...
... pleadings , where there is any room for doubt , than by an application to a judge for judgment because of friv- olousness . It should be a strong case to authorize an inter- ference in this summary manner . ( Van Santf . Pl . 433 ; Gra ...
38. lappuse
... pleading ( save a demurrer ) allowed by law in an action , to deprive this defendant of stating and pleading all or any of the defences which he has , or may have , to any ac- tion which may be brought by the receiver of the Canal Bank ...
... pleading ( save a demurrer ) allowed by law in an action , to deprive this defendant of stating and pleading all or any of the defences which he has , or may have , to any ac- tion which may be brought by the receiver of the Canal Bank ...
39. lappuse
... pleadings is , in what capacity did the plaintiff sue ? In the summons he describes himself as Andrew White of the Canal Bank of Albany , plaintiff , " and gives notice that if the defendants fail to answer the complaint , that , as ...
... pleadings is , in what capacity did the plaintiff sue ? In the summons he describes himself as Andrew White of the Canal Bank of Albany , plaintiff , " and gives notice that if the defendants fail to answer the complaint , that , as ...
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Bieži izmantoti vārdi un frāzes
affidavit alleged allowed amend American Exchange Bank amount answer appeal application assignor attachment attorney authority averment Baker Bank Berberrich and Toynbee bill cause of action claim clerk Code commenced complaint constitution contract costs counsel county judge court of equity creditors debt debtor decision defendant defendant's demurrer denied entitled equity evidence execution executors facts fendant filed granted ground held Hornellsville injunction intended interpleader issue John judgment judgment debtor jurisdiction jury Justice legislature letters Lord ELDON Mali matter ment Mills agt motion necessary New-York Special Term notice objection offence officer opinion owner party payment person plaintiff plaintiff in error pleading possession promissory note provisions purchase question receiver recover reference remedy replevin Revised Statutes rule sell sheriff sold stay of proceedings sufficient suit SUPREME COURT taken thereof Thursby tion trial Wend wife witness Woolsey agt
Populāri fragmenti
342. lappuse - The fundamental maxims of a free government seem to require that the rights of personal liberty and private property should be held sacred. At least, no court of justice in this country would be warranted in assuming that the power to violate and disregard them a power so repugnant to the common principles of justice and civil liberty lurked under any general grant of legislative authority, or ought to be implied from any general expressions of the will of the people. The people ought not...
339. lappuse - THERE is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of . property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world} in total exclusion of the right of any other individual in the universe.
529. lappuse - After the issuing of an execution against property, and upon proof by affidavit, of a party or otherwise, to the satisfaction of the court, or a judge thereof, or county judge, that any judgment debtor has property, which he unjustly refuses to apply towards the satisfaction of the judgment...
317. lappuse - THE third absolute right, inherent in every Englishman, is that of property : which consists in the free use, enjoyment, and disposal of all his acquisitions, without any control or diminution, save only by the laws of the land.
354. lappuse - The true reason of the remedy ? And then the office of all the judges is always to make such construction as shall suppress the mischief and advance the remedy...
306. lappuse - ... shall be deemed guilty of a misdemeanor and punished by a fine of not less than fifty dollars nor more than...
150. lappuse - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
63. lappuse - I am of opinion that it is only a special property in the receiver, possibly the property of the paper may belong to him ; but this does not give a license to any person whatsoever to publish them to the world, for at most the receiver has only a joint property with the writer.
354. lappuse - That for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered. 1. What was the common law before the making of the act? 2. What was the mischief and defect for which the common law did not provide? 3. What remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth? And 4. The true reason of the remedy?
294. lappuse - ... he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall forfeit and pay a fine of not more than five hundred dollars, or be imprisoned in the District jail not less than two months or more than one year or both in the discretion of the court.