The Practice in Civil Actions and Proceedings at Law in the State of New York: In the Supreme Court, and Other Courts of the State; and Also in the Courts of the United States, Σελίδα 144,Τόμος 1G. & C. & H. Carvill, 1830 |
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Αποτελέσματα 1 - 5 από τα 100.
Σελίδα 4
... cause this action again to be resorted to.11 11 ASSUMPSIT . ASSUMPSIT . Assumpsit is , on account of its origin , technically called an action on the case . - But as it is founded on contract , while all other actions on the case are ...
... cause this action again to be resorted to.11 11 ASSUMPSIT . ASSUMPSIT . Assumpsit is , on account of its origin , technically called an action on the case . - But as it is founded on contract , while all other actions on the case are ...
Σελίδα 6
... action is called general as- sumpsit . Assumpsit may in all cases be special ; but where it is allowable the general form is to be preferred , and it is often expedient to join it with the special upon the same cause of action . Common ...
... action is called general as- sumpsit . Assumpsit may in all cases be special ; but where it is allowable the general form is to be preferred , and it is often expedient to join it with the special upon the same cause of action . Common ...
Σελίδα 32
... action are the malice of the defendant bable cause either express or implied want of probable cause57 and an in- also injury to jury sustained by the plaintiff by reason of the malicious pro- secution , either in his person by ...
... action are the malice of the defendant bable cause either express or implied want of probable cause57 and an in- also injury to jury sustained by the plaintiff by reason of the malicious pro- secution , either in his person by ...
Σελίδα 63
... reason thereof , if it might be original- ly prosecuted by the executors or administrators of such plain- tiff ; and such executors or administrators may have a scire facias against the defendant to show cause why the damages in such action ...
... reason thereof , if it might be original- ly prosecuted by the executors or administrators of such plain- tiff ; and such executors or administrators may have a scire facias against the defendant to show cause why the damages in such action ...
Σελίδα 66
... cause of action surviving , the ac- tion proceeds by or against the survivors , as there is no new person introduced , there is no occasion for a scire facias to re- vive the judgment.28 Where there are two or more plaintiff's or ...
... cause of action surviving , the ac- tion proceeds by or against the survivors , as there is no new person introduced , there is no occasion for a scire facias to re- vive the judgment.28 Where there are two or more plaintiff's or ...
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Άλλες εκδόσεις - Προβολή όλων
The Practice in Civil Actions and Proceedings at Law in the State of New ... William Duer Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2015 |
The Practice in Civil Actions and Proceedings at Law in the State of New ... Elijah Paine,William Duer Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2015 |
Συχνά εμφανιζόμενοι όροι και φράσεις
15 Johns affidavit allowed amend appear appellate apply appointed arrest assumpsit attorney authorised bail bill bond brought Caines capias cause of action Chit circuit court circuit judge clerk commenced commissioners common law common pleas contract coroner costs court of common Cowen Cranch damages debt debtor declaration default defendant demurrer district court duty East's Rep entered entitled ex delicto execution executors or administrators filed grant habeas corpus held issue judgment judiciary act JURISDIC jurisdiction jurors jury justice latitat liable mandamus ment nolle prosequi nonsuit notice original writ party person plaintiff plea in abatement plead Prac Pract practice proceedings Raym record recover replevin revised statutes rule Salk Saund scire facias sheriff sued suit supreme court Taunt Term Rep thereof Tidd tion trespass trial United verdict vide Wheat witness writ of error
Δημοφιλή αποσπάσματα
Σελίδα 283 - That all the before-mentioned courts of the United States, shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Σελίδα 334 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Σελίδα 256 - The circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and arising under the Constitution or laws of the United States...
Σελίδα 11 - 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.
Σελίδα 243 - And shall also have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the Sea by Vessels of ten or more tons burthen, within their respective districts as well as upon the high seas.
Σελίδα 176 - I do solemnly swear, (or affirm, as the case may be,) that I will support the constitution of the United States, .and the constitution of the State of New- York; and that I will faithfully discharge the duties of the office of according to the best of my ability.
Σελίδα 256 - ... nor shall any district or circuit court have cognizance of any suit to recover the contents of any promissory note or other chose in action in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Σελίδα 334 - States, and the decision is against their validity, or where is drawn in question the validity of a statute of, or an authority exercised under any State on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of their validity...
Σελίδα 341 - It is the essential criterion of appellate jurisdiction, that it revises and corrects the proceedings in a cause already instituted, and does not create that case.
Σελίδα 282 - All of the said courts shall have power to grant new trials, in cases where there has been a trial by jury, for reasons for which new trials have usually been granted in the courts of law.