Reports of Cases Argued and Determined in the Supreme Court of the State of New York [1803-1805]: With Copious Notes and References, 1권Banks & Bros., 1854 |
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11 페이지
... tion of payment of costs ; but that those costs , although re- peatedly demanded , were not yet paid . " A further affirm- ation of the plaintiff was read , stating " that from the cir cumstances of the defendant he was in danger of ...
... tion of payment of costs ; but that those costs , although re- peatedly demanded , were not yet paid . " A further affirm- ation of the plaintiff was read , stating " that from the cir cumstances of the defendant he was in danger of ...
15 페이지
... tion made by the mate , and duly taken . This was insisted upon as proper testimony , there being no evidence that the mate had warranted the logs to the plaintiff , as his property : but the judge deeming it inadmissible , unless the ...
... tion made by the mate , and duly taken . This was insisted upon as proper testimony , there being no evidence that the mate had warranted the logs to the plaintiff , as his property : but the judge deeming it inadmissible , unless the ...
29 페이지
... tion can succeed only on two grounds ; either that the ver dict is against the weight of evidence , or against a rule of law arising out of the * facts . To decide on [ * 29 ] the first , the court must assume the office of jurors , and ...
... tion can succeed only on two grounds ; either that the ver dict is against the weight of evidence , or against a rule of law arising out of the * facts . To decide on [ * 29 ] the first , the court must assume the office of jurors , and ...
32 페이지
... tion of one Jonathan Stratton was adduced , stating , that in March , 1795 , he sailed from the port of New - York , in the Industry ; that there were no other persons but Joseph Dow , the master , and himself on board ; that Dow said ...
... tion of one Jonathan Stratton was adduced , stating , that in March , 1795 , he sailed from the port of New - York , in the Industry ; that there were no other persons but Joseph Dow , the master , and himself on board ; that Dow said ...
44 페이지
... tion is , are they entitled to average ? It is conceded , that to general average they are not : that the shippers of goods under hatches , and the insurers on ship and cargo , [ * 45 ] are not liable to contribution * on account of ...
... tion is , are they entitled to average ? It is conceded , that to general average they are not : that the shippers of goods under hatches , and the insurers on ship and cargo , [ * 45 ] are not liable to contribution * on account of ...
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abandonment action admitted adverse possession affidavit aforesaid amend appear application assumpsit attorney award bail bail bond bill bond Caines captain cargo cause cause of action certiorari charge circumstances claim Clason commenced commission consignee contract costs counsel court covenant Curiam damages debt decision declaration deed default defendant defendant's Delafield Delavan discharge dollars Driggs endorsement entered entitled evidence execution facts Falmouth fendant freight given granted Honduras indictment insolvent insured Jackson Johns judge judgment jury justice lands liable LIVINGSTON Lyle matter ment motion nonsuit notice opinion owner paid party payment person plaintiff plea pleaded port possession principle proceedings promise promissory note prosecuted prove question received recover Rennington rule sailed seaworthy seisin sheriff ship statute struck jury sufficient suit supercargo taken term testimony tion trial underwriter Union Turnpike verdict vessel voyage warrant Wend witness words writ York
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463 페이지 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from which they are taken...
469 페이지 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
6 페이지 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and, there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
279 페이지 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
22 페이지 - 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.
xix 페이지 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2.
xix 페이지 - Actions for the following causes, must be tried in the county where the cause or some part thereof arose, subject to the like power of the court, to change the place of trial in the cases provided by statute: 1.
xx 페이지 - The court may change the place of trial in the following cases .* 1. When the county designated for that purpose in the complaint is not the proper county : 2.
464 페이지 - Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings, of the courts and magistrates of every other State.
22 페이지 - Court, and in what respect he has been misled; and thereupon the Court may order the pleading to be amended, upon such terms as shall be just "Sec.