Reports of Cases Argued and Determined in the Supreme Court of the State of New York [1803-1805]: With Copious Notes and References, Volume 1Banks & Bros., 1854 |
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Página 48
... bond of indemnity from his principal , he was not permitted to resort to an action of assumpsit for the money he had paid . ( c ) [ 1 ] This is a stronger case , for if the present suit be maintainable for the money paid in consequence ...
... bond of indemnity from his principal , he was not permitted to resort to an action of assumpsit for the money he had paid . ( c ) [ 1 ] This is a stronger case , for if the present suit be maintainable for the money paid in consequence ...
Página 53
... bond suit ; if the plaintiff proceed on the bail bond , he will be entitled to costs only up to the time of the notice of special bail , and on payment of those , all subsequent proceedings will be set aside . SOON after this suit was ...
... bond suit ; if the plaintiff proceed on the bail bond , he will be entitled to costs only up to the time of the notice of special bail , and on payment of those , all subsequent proceedings will be set aside . SOON after this suit was ...
Página 54
... bond suit when the agreement to stay proceedings were entered into , and to set aside all that were subsequent . From the affidavit read , it appeared that the attorney for the plaintiff had frequently given the attorney for the de ...
... bond suit when the agreement to stay proceedings were entered into , and to set aside all that were subsequent . From the affidavit read , it appeared that the attorney for the plaintiff had frequently given the attorney for the de ...
Página 55
... bond on the facts stated by the affidavit . The original suit was commenced in January , 1802 , and the writ returnable in April . Afterwards , in May , the action on the bail bond was brought . Shortly after , the plain- tiff's ...
... bond on the facts stated by the affidavit . The original suit was commenced in January , 1802 , and the writ returnable in April . Afterwards , in May , the action on the bail bond was brought . Shortly after , the plain- tiff's ...
Página 56
... bond , and vice versa , proceeding on the bail bond to judgment aud execution a waiver of the original suit . Beecker v . Simmons , 7 Johns . Rep . 119. But where the plaintiff merely settles the original suit , if the costs on the bail ...
... bond , and vice versa , proceeding on the bail bond to judgment aud execution a waiver of the original suit . Beecker v . Simmons , 7 Johns . Rep . 119. But where the plaintiff merely settles the original suit , if the costs on the bail ...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 1 George Caines Visualização integral - 1883 |
Palavras e frases frequentes
abandonment according action admitted affidavit allowed amount appear application assured attorney authority award bill bond brought Caines cargo cause charge circumstances claim Clason commission Company consideration considered contract costs counsel court damages debt decision defendant delivered demand determined dollars effect endorsement entered entitled evidence examined execution facts freight further give given granted ground hands held insured intended interest issue Jackson Johns judge judgment jury justice lands letter loss matter ment motion nature necessary never notice objection obtained opinion owner paid party payment person plaintiff pleaded port possession present principle proceedings prove question reason received record recover respect rule ship statute sufficient suit taken term testimony tion trial underwriter United verdict vessel voyage warrant whole witness York
Passagens conhecidas
Página 463 - 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...
Página 469 - 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.
Página 8 - 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.
Página 279 - 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...
Página 22 - 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.
Página 3 - 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.
Página 3 - 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.
Página 4 - 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.
Página 464 - 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.
Página 22 - 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.