An Analytical and Practical Synopsis of All the Cases Argued and Reversed in Law and Equity: In the Court for the Correction of Errors of the State of New York, from 1799 to 1847 : with the Names of the Cases and a Table of the Titles, &cBanks, Gould, 1848 - 603 pagina's |
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An Analytical and Practical Synopsis of All the Cases Argued and Reversed in ... Ralph Lockwood Volledige weergave - 1848 |
An Analytical and Practical Synopsis of All the Cases Argued and Reversed in ... Ralph Lockwood Volledige weergave - 1848 |
An Analytical and Practical Synopsis of All the Cases Argued and Reversed in ... Ralph Lockwood Volledige weergave - 1848 |
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18 Wend 26 Wend accordingly action adverse possession affirmed appeal applied assessed assignment assumpsit authority benefit bill canal cause certiorari charge claim Common Pleas contract conveyance Court of Chancery court of equity Court of Errors creditors damages debt decided decision declared decree deduction deed defendant demurrer devise discharge entitled equity Errors held Errors reversed evidence execution executors facts favor fraudulent granted ground habeas corpus heirs interest judge judicial jurisdiction jury land lease lien mandamus ment mortgage owner partnership party payment peremptory mandamus plaintiff in error possession principle purchase question real estate refused rents and profits repairs reported respondent reversed the judgment rule says Senator ship sold statute statute of frauds suit Supervisors of Albany Supreme Court held tenants tion trial trust term valid verdict vessel vested void Wend writ of error York
Populaire passages
Pagina 319 - In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact.
Pagina 448 - In this and similar cases the legislature alone can, and indeed frequently does, interpose, and compel the individual to acquiesce. But how does it interpose and compel ? Not by absolutely stripping the subject of his property in an arbitrary manner ; but by giving liim a full indemnification and equivalent for the injury thereby sustained.
Pagina 488 - The absolute power of alienation is suspended, when there are no persons in being by whom an absolute fee in possession can be conveyed.
Pagina 538 - GRAY'S INN. 42 ELIZ. I HAVE chosen to read upon the statute of uses made 27 Hen. VIII. a law, whereupon the inheritances of this realm are tossed at this day, like a ship upon the sea, in such sort, that it is hard to say which bark will sink, and which will get to the haven ; that is to say, what assurances will stand good, and what will not.
Pagina 532 - Every future estate shall be void in its creation, which shall suspend the absolute power of alienation, by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate...
Pagina 220 - ... of maintaining that she has an absolute power of disposition unless specially restrained by the instrument, the converse of the proposition would be more correct, that she has no power but what is specially given, and to be exercised only in the mode prescribed, if any such there be.
Pagina 213 - ... as can produce no inconvenience to public justice by a temporary enlargement of the prisoner: all other cases of unjust imprisonment being left to the habeas corpus at common law.
Pagina 111 - ... drop unnerved by the warrior's side. Despotism will have its day of triumph, and will accomplish the purpose at which it too certainly aims. It will cover the earth with the mantle of mourning. Then, sir, when New York shall look upon this scene of ruin, if she have the generous feelings which I believe her to have, it will not be with her head aloft, in the pride of conscious triumph, ' her rapt soul sitting in her eyes.
Pagina 300 - Contractum autem non utique eo loco intelligitur, quo negotium gestum sit ; sed quo solvenda est pecunia.4 1 See Livermore's Dissert.
Pagina 100 - I understand it, is, that as between citizens of the same State, a discharge of a bankrupt by the laws of that State is valid as it affects posterior contracts; that as against creditors, citizens of other States, it is invalid as to all contracts.