A Treatise on the Civil Jurisdiction of Justices of the Peace in the State of New York, Bagian 2W. & A. Gould & Company, 1841 |
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Halaman 569
... authorities cited ante , 551 , 552 , a case recently decided by the supreme court , 13 Wen . 283 , should be noticed . In that case , the court expressly adjudge the law to be , that if required by the parties , the pleadings in a ...
... authorities cited ante , 551 , 552 , a case recently decided by the supreme court , 13 Wen . 283 , should be noticed . In that case , the court expressly adjudge the law to be , that if required by the parties , the pleadings in a ...
Halaman 570
... authority of precedent . In Massachusetts , the legislature have gone far towards abolishing all special pleading on the part of the de- fendant , in a justice's court , by giving a much greater latitude of defence under the general ...
... authority of precedent . In Massachusetts , the legislature have gone far towards abolishing all special pleading on the part of the de- fendant , in a justice's court , by giving a much greater latitude of defence under the general ...
Halaman 578
... authorities already adduced , that , contrary to the rule of the common law courts , every thing in a justice's court shall be taken most strongly in favor of the party pleading it , or rather , if the meaning of the words used be ...
... authorities already adduced , that , contrary to the rule of the common law courts , every thing in a justice's court shall be taken most strongly in favor of the party pleading it , or rather , if the meaning of the words used be ...
Halaman 584
... authority given by the statute to insert a ficti- tious name , applies only to suits commenced by summons or warrant . If the suit be by attachment , the greatest care should be taken in naming the defendant correctly ; that is , either ...
... authority given by the statute to insert a ficti- tious name , applies only to suits commenced by summons or warrant . If the suit be by attachment , the greatest care should be taken in naming the defendant correctly ; that is , either ...
Halaman 596
... authority to sue in that particular character . The party against whom a deed or sealed contract is pleaded , is always entitled , on demanding it , to oyer , i . e . to have a copy or sight of the deed , & c . , before he pleads , with ...
... authority to sue in that particular character . The party against whom a deed or sealed contract is pleaded , is always entitled , on demanding it , to oyer , i . e . to have a copy or sight of the deed , & c . , before he pleads , with ...
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Istilah dan frasa umum
12 John adjournment affidavit aforesaid alleged amended amount ante appear apply arbitrators assumpsit attorney aver award bond Caines cause of action certiorari chattels Chit cited claim commenced common pleas constable contract costs county of Saratoga courts of record Cowen & Hill's creditor damages debt debtor declaration defendant defendant's delivered demand demurrer discharge endorsed evidence execution fact favor fraud given held Hill's Notes horse interest issue James Jackson John Doe John Smith judgment juror jury justice justice's court levy liable matter ment Notes to Phil notice oath paid party payment person plaintiff plea in abatement plead Prac proceedings promise proof proper prove question Ransom Cook recover refused request Richard Roe rule SARATOGA COUNTY Saratoga Springs set-off statute sufficient suit summons sworn tender thereof tion town of Saratoga trespass trial trover verdict voire dire warrant witness
Bagian yang populer
Halaman 1056 - Every sale made by a vendor, of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by an immediate delivery and be followed by an actual and continued change of possession of the things...
Halaman 1004 - If the payment be less than the interest, the surplus of interest must not be taken to augment the principal; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due, and then the surplus is to be applied towards discharging the principal; and interest is to be Computed on the balance, as aforesaid.
Halaman 1005 - Compute the interest on the principal sum, from the time when the interest commenced to the first time when a payment was made, which exceeds either alone or in conjunction with the preceding payment...
Halaman 762 - ... the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.
Halaman 631 - America, to be paid to the said , his certain attorney, executors, administrators or assigns, to which payment well and truly to be made, I do bind myself, my heirs, executors and administrators, jointly and severally, for and in the whole, firmly by these presents.
Halaman 732 - Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defence
Halaman 725 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a Court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...
Halaman 1014 - Judgments are the sentence of the law, pronounced by the court upon the matter contained in the record; and are of four sorts.
Halaman 782 - Sheriff', or his certain attorney, executors, administrators or assigns, for which payment to be well and truly made we bind ourselves, and each and every of us in the whole, our and each and every of our heirs, executors and administrators, firmly by these presents, sealed with our seals.
Halaman 762 - Imprisoned on a criminal charge, or, in execution under the sentence of a criminal court, for a term less than his natural life ; or, 4. A married woman. The time of such disability is not a part of the time limited for the commencement of the action...