Practice Reports in the Supreme Court and Court of Appeals, 4권Joel Munsell, 1852 |
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affidavit affirmed alleged allowed amended code amount answer application assessment assessors bill of exceptions brought cause of action certiorari Chancery change the place circuit claim clause clerk commenced common law complaint contract costs counsel Court of Appeals Court of Chancery court of equity debtor decided decision declaration decree defendant in error defendant's demurrer denied disbursements dismiss endorsed entered entitled equity error.-Judgment evidence execution facts fees of officers fendant filed granted ground held Horace Gray issue judge judgment judgment debtor jurisdiction jury Justice Justice.-The lands Legislature matter ment mortgage motion notice objection Paige payment person place of trial plaintiff in error plaintiff's attorney pleading premises proceedings provisions question recover referee referred rehearing remittitur Rensselaer Rensselaer county residence Revised Statutes rule served sheriff subpoena suit summons Supreme Court sureties thereof tiff tion verdict Wend witness
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105 페이지 - ... the Constitution of the United States which prohibits a State from passing any law impairing the obligation of a contract.
273 페이지 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
58 페이지 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
109 페이지 - No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.
157 페이지 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
32 페이지 - Where it appears by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act, the commission or continuance of which, during the litigation, would produce great or irreparable injury to the plaintiff...
110 페이지 - Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited.
20 페이지 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved.
121 페이지 - A statement of the facts constituting the cause of action, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
12 페이지 - This statute is in derogation of the common law, therefore it is not to be extended by implication or construction. "As a rule of exposition, statutes are to be construed in reference to the principles of the common law ; for it is not to be presumed that the legislature intended to make any innovation upon the common -law, further than the case absolutely required. The law rather infers that the act did not intend to make any alteration other than what is specified, and besides what has been plainly...