Reports of Cases Argued and Determined in the Supreme Court of the State of New York: With Copious Notes and References, Volumen1Banks' and Bros., 1883 |
Otras ediciones - Ver todas
Términos y frases comunes
abandonment admitted affidavit aforesaid amend appear application assumpsit attorney award bail bail bond bill bond Caines Cape François captain cargo cause of action charge circuit circumstances claim Clason commenced commission consignee contract costs counsel court Curiam damages debt decision declaration deed default defendant defendant's Delafield Delavan demurrer dollars Driggs endorsement entered entitled evidence execution facts fendant freight given granted Guadaloupe Honduras indictment insolvent insured issue Jackson Johns judge judgment jury justice lands liable LIVINGSTON Lyle matter ment motion New-York nonsuit notice objection offence opinion owner paid party payment person plaintiff plea plead port possession principle proceedings promise promissory note prove question received recover referees Rennington rule sailed seisin sheriff ship statute stipulation sufficient suit supercargo taken term testimony tiff tion trespass trial underwriter Union Turnpike Vandyck verdict vessel voyage warrant Wend witness writ York
Pasajes populares
Página 457 - 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 1 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial, as provided in this Code: (1) 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.
Página 21 - 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 21 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Página 6 - 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 1 - In all other cases the action shall be tried in the county in which the parties, or any of them, shall reside at the commencement of the action...
Página 458 - 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 11 - The judge who tries the cause may, in his discretion, entertain a motion to be made on his minutes to set aside a verdict and grant a new trial upon exceptions, or for insufficient evidence, or for excessive damages...
Página 22 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise or excusable neglect, and may supply an omission in any proceeding...
Página 22 - The court may likewise, in its discretion, and upon gucli terms as may be just, allow an answer or reply to be made or other act to be done after the time limited by this act, or by an order enlarge such time...