Albany Law Journal, Volume 7Weed, Parsons & Company, 1873 - Law |
From inside the book
Results 1-5 of 83
Page 10
... claim have been largely modified by statute In New York counter - claim is made to include every- thing which formerly was designated as set - off , recoupment , etc. , legal or equitable , and the same may be said of those States which ...
... claim have been largely modified by statute In New York counter - claim is made to include every- thing which formerly was designated as set - off , recoupment , etc. , legal or equitable , and the same may be said of those States which ...
Page 11
... claiming under a fraudu- lent vendee , in order to establish a rescission if the con- tract of sale , it is not ... claim upon the ground that until delivery the title did not pass . The case presents precisely the same questions as ...
... claiming under a fraudu- lent vendee , in order to establish a rescission if the con- tract of sale , it is not ... claim upon the ground that until delivery the title did not pass . The case presents precisely the same questions as ...
Page 13
... claim salvage reward if the collision takes places by her default . The Glenga- ber , Adm . , 27 L. T. R. 386 . 2. The owners , master and crew of a vessel which renders assistance to a vessel injured by collision are not deprived of ...
... claim salvage reward if the collision takes places by her default . The Glenga- ber , Adm . , 27 L. T. R. 386 . 2. The owners , master and crew of a vessel which renders assistance to a vessel injured by collision are not deprived of ...
Page 14
... claims which may or might arise for damage or injury to said stock while in the cars of said company , or for delay in its carriage , or for escape thereof from the cars , and gen- erally from all claims relating thereto , except such ...
... claims which may or might arise for damage or injury to said stock while in the cars of said company , or for delay in its carriage , or for escape thereof from the cars , and gen- erally from all claims relating thereto , except such ...
Page 17
... claims a legal title must proceed at law , and may undoubtedly proceed according to the forms of practice in such cases in the State courts . But if the claim be an equitable one , he must proceed according to the rules prescribed ...
... claims a legal title must proceed at law , and may undoubtedly proceed according to the forms of practice in such cases in the State courts . But if the claim be an equitable one , he must proceed according to the rules prescribed ...
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Common terms and phrases
abide event action affirmed with costs agent Albany Albany Law Journal alleged amendment amount applied appointed assignee attorney authority bank bankrupt bankruptcy bill bonds carrier cause charge Chief Justice claim Code common carrier common law congress consignee constitution contract costs to abide court of appeals court of equity creditors criminal damages debt decision defendant defendant's delivered demand notes demurrage drawee duty entitled equity evidence fact fraud held holder impleaded indorser insanity interest issue judge Judgment affirmed Judgment reversed judicial jurisdiction jury land lawyer legislation legislature liable lien Lord ment mortgage negligence notice Opinion by Mullin owner paid party payment person plaintiff plaintiff in error possession profession promissory note purchase question Rapallo reason received recover resp't rule statute supreme court Tappen testator tiff tion trial granted United usury verdict York
Popular passages
Page 296 - Every law which imposes, continues or revives a tax, shall distinctly state the tax and the object to which it is to be applied ; and it shall not be sufficient to refer to any other law to fix such tax or object.
Page 111 - ... in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter or thing in which the United States is a party or directly or indirectly interested, before any department, court-martial, bureau, officer, or any civil, military, or naval commission whatever...
Page 86 - The hungry judges soon the sentence sign, And wretches hang that jury-men may dine; The merchant from th' Exchange returns in peace, And the long labours of the toilet cease.
Page 290 - And Quoting from the language of Chief Justice Taney in another case, it is said "that for all the great purposes for which the federal government was established, we are one people, with one common country, we are all citizens of the United States;" and it is, as such citizens, that their rights are supported in this court in Crandall vs.
Page 290 - ... by the federal Constitution. The right to use the navigable waters of the United States, however they may penetrate the territory of the several States, all rights secured to our citizens by treaties with foreign nations, are dependent upon citizenship of the United States, and not citizenship of a State.
Page 248 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect the death of any individual...
Page 237 - ... contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 63 - He was bred to the law, which is, in my opinion, one of the first and noblest of human sciences ; a science which does more to quicken and invigorate the understanding, than all the other kinds of learning put together ; but it is not apt, except in persons very happily born, to open and to liberalize the mind exactly in the same proportion.
Page 120 - WHOLE, the inference seems to be conclusive, that the State Courts would have a concurrent jurisdiction? in all cases arising under the laws of the Union, where it was not expressly prohibited.
Page 404 - There is considerable authority for the statement that the Courts are not at liberty to declare an Act void because in their opinion it is opposed to a spirit supposed to pervade the constitution but not expressed in words.