Practice Reports in the Supreme Court and Court of Appeals, Volume 27Joel Munsell, 1864 |
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Common terms and phrases
41 Barb affidavit affirmed agent agreement alleged amendment amount answer appeal assignment attorney authority Babcock Bank barley bill bonds Bowman agt cause of action charge claim Code commenced Company complaint contract corporation costs counsel county court court of equity creditors damages debt debtor decision defendant defendant's delivered entitled equity evidence execution executor fact fees fraud granted ground held indorser infants Ingraham interest issue judge judgment jurisdiction jury justice lease legislature liable lien ment mortgage motion notice objection owner oyer and terminer paid party payment plaintiff possession premises proceedings promissory note proof provision purchaser question real estate received recover referee rendered rent replevin rule sell sold special term statute statute of limitations stay of proceedings subpoena suit summons supreme court Tallman tenant testator thereof tion trial trustees usury valid vendors verdict void Wend witness York
Popular passages
Page 22 - ... to the effect that they are bound, in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cnuse, be recovered against the defendant.
Page 165 - The legislature shall not pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or depriving a party of any remedy for enforcing a contract which existed when the contract was made.
Page 149 - The cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party, of the facts constituting the fraud or mistake.
Page 288 - If, however, it appear on the trial, from the plaintiff's own showing, that the title to real property is in question, and...
Page 22 - ... 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...
Page 510 - There is a class of cases in which it has been held, that a person...
Page 9 - A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
Page 134 - An appeal must be made, by the service of a notice in •writing on the adverse party, and on the clerk, with whom the judgment or order appealed from is entered, stating the appeal from the same or some specified part thereof.
Page 322 - If so, then it is conclusive ; for it needs no citation of authorities in support of the proposition, that parol evidence is inadmissible to contradict or vary a written instrument.
Page 459 - Things annexed to the freehold, or to any building for the purpose of trade or manufacture, and not fixed into the wall of a house so as to be essential to its support.