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, Page 144, Volume 1G. & C. & H. Carvill, 1830 - Civil procedure |
Contents
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Other editions - View all
The Practice in Civil Actions and Proceedings at Law in the State of New ... William Duer No preview available - 2015 |
The Practice in Civil Actions and Proceedings at Law in the State of New ... Elijah Paine,William Duer No preview available - 2015 |
Common terms and phrases
according action allowed amend amount appear apply appointed arrest attachment attend attorney authorised authority bail bill bond brought Caines cause circuit court claim clerk commenced common pleas continued contract costs Cowen Cranch damages debt decision defendant directed district court duty entered entitled evidence exception execution executor fact filed final give given grant held hold issue Johns joined judge judgment jurisdiction jury justice lands manner matter ment necessary notice obtained original party person plaintiff plead possession Pract practice proceed proceedings record recover relation removed rendered respective revised rule Salk Saund scire facias served sheriff statute sufficient suit supreme court taken term thereof Tidd tion trespass trial United unless verdict witness writ writ of error York
Popular passages
Page 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.
Page 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...
Page 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...
Page 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.
Page 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.
Page 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.
Page 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.
Page 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...
Page 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.
Page 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.