Reports of Cases Argued and Determined in the Supreme Court of the State of New York, Τόμοι 1-7;Τόμος 10Banks & Bros., 1883 |
Συχνά εμφανιζόμενοι όροι και φράσεις
action admitted affidavit alleged amount appear assignment assumpsit attorney authority averment award bail Bank barratry bill bond BRONSON cause certiorari charge circuit cited claim client committed common law costs counsel court court of equity covenant COWEN creditors debt declaration deed defendant defendant's demurrer denied discharge endorsed error evidence executed fact favor fendant fraud ground habeas corpus held intended issue John judge judgment jurisdiction jury justice M. T. Reynolds mandamus matter McLeod ment misjoinder mortgage motion New-York nolle prosequi nonsuit Norton notice objection overruled paid parties payment person plaintiff plaintiff in error plea pleaded possession proceedings promise promissory note proof prove purchase question recover referees replevin replication rule Semble sheriff statute sued suit supervisors thing tiff tion towns of Fishkill trial usury verdict void warrant Wend Wendell witness writ
Δημοφιλή αποσπάσματα
Σελίδα 413 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction.
Σελίδα 416 - English law particularly it is held an excuse for breaches of the peace, nay, even for homicide itself: but care must be taken that the resistance does not exceed the bounds of mere defence and prevention: for then the defender would himself become an aggressor.
Σελίδα 398 - But discretion, when applied to a court of justice, means sound discretion guided by law. It must be governed by rule, not by humor; it must not be arbitrary, vague, and fanciful; but legal and regular.
Σελίδα 288 - The general rule of law is clear and not disputed, viz. that money paid under a mistake of facts may be recovered back, as being paid without consideration." In the latter case the court do not deny the rule, nor that it would apply to the case before them. But to enforce it they require an almost impracticable diligence. I doubt whether this case can be sustained, except upon its own peculiar circumstances, if it can be sustained at all.
Σελίδα 298 - Now, upon the facts proved, it was urged on the part of the plaintiff, that the case should have been submitted to the jury, on the question as to whether there was evidence of the scienter.
Σελίδα 135 - ... and if judgment is rendered against him before that is done, the proceeding will be as utterly void as though the court had undertaken to act where the subject matter was not within its cognizance.
Σελίδα 399 - ... allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge.
Σελίδα 380 - States, are these: that the transaction on account of which McLeod has been arrested and is to be put upon his trial, was a transaction of a public character, planned and executed by persons duly empowered by her Majesty's colonial authorities to take any steps and to do any acts which might be necessary for the defense of her Majesty's territories, and for the protection of her Majesty's subjects...
Σελίδα 328 - I take the effect of repealing a statute to be, to obliterate it as completely from the records of the Parliament as if it had never passed; and it must be considered as a law that never existed, except for the purpose of those actions which were commenced, prosecuted, and concluded, whilst it was an existing law.
Σελίδα 286 - The conduct of both was bonafidc, and the negligence or rather misfortune of both the same. It was the duty, or, more properly, a measure of prudence, in each to have inquired into the forgery, •which both omitted. But this raises no preference at law or equity in favor of the defendants, but against them. They have obtained the plaintiffs' money without consideration ; not as a gift, but under a mistake.