Practice Reports in the Supreme Court and Court of Appeals, Volume 23Joel Munsell, 1862 - Civil procedure |
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Common terms and phrases
35 Barb Adams agt affidavit affirmed agreement alleged amount answer application assignment attorney authority Bank cause of action charge claim clause Code commenced complaint contract corporation costs counsel court of appeals court of equity court of sessions creditors damages debt debtor decision defendant defendant's demurrer devise Downing agt entitled equity evidence ex rel execution executors facts Fort Plain fraud fraudulent given ground guaranty held indorsed intention issue judge judgment judgment debtor jury Justice lands legislature liable lien ment mortgage motion Myres negligence opinion order of arrest oyer and terminer paid party payable payment person plain plaintiff possession premises proceedings promissory note provisions punishment purchase question Railroad Company received recover referee Revised Statutes Rosekrans rule Saugerties sheriff special term statute of frauds statute of limitations suit SUPREME COURT testator therein tiff tion trial trust usurious verdict Wend witness York
Popular passages
Page 18 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Page 144 - A plain and concise statement of the facts constituting a cause of action, without unnecessary repetition.
Page 512 - When the defendant has been guilty of a fraud, in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention, or conversion of which the action is brought ; 5.
Page 512 - The defendant may be arrested, as hereinafter prescribed, in the following cases : 1. In an action for the recovery of damages, on a cause of action not arising out of contract, where the defendant is not a resident of the State, or is about to remove therefrom, or where the action is for an injury to person or character, or for injuring, or for wrongfully taking, detaining or converting property.
Page 469 - In an action arising on contract for the recovery of money only, that he will take judgment for a sum specified therein, if the defendant fail to answer the complaint in twenty days after the service of the summons.
Page 17 - Whether we are considering an agreement between parties, a statute, or a constitution, with a view to its interpretation, the thing which we are to seek is the thought which it expresses. "To ascertain this, the first resort, in all cases, is to the natural signification of the words employed, in the order of grammatical arrangement in which the framers of the instrument have placed them.
Page 156 - Each of said notes shall be payable, in part or in whole, at any time when the directors shall deem the same requisite for the payment of losses by fire or inland navigation, and such incidental expenses as may be necessary for transacting the business of said company.
Page 38 - ... improvident alienations, or dispositions, made by languishing or dying persons, or by other persons, to uses, called charitable uses, to take place after their deaths, to the disherison of their lawful heirs ; for remedy whereof it was enacted.
Page 342 - Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action.
Page 188 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.