Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Trial of Impeachments and Correction of Errors in the State of New-York, Volume 19Banks & Brothers, 1864 - Law reports, digests, etc |
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Common terms and phrases
13 Johns action admitted aforesaid agent agreement ALBANY alleged amount appears appellant applied April articles of war assessed assigned assumpsit attorney authority avowry Bank of America Bank of Columbia bill bond bound cause cents certiorari contract corporation costs counsel Court of Chancery Court of Equity Court-Martial covenant Cowen's Rep creditor damages debt declaration deed defendant defendant's delivered the opinion demand demurrer directors discharge dollars endorser entitled equity evidence execution fact February fendant issued January Judge judgment jurisdiction jury Justice land legislature liable maker ment militia mortgage nulla bona objection officer paid parties payable person place of payment plaintiff in error pleaded promise promissory note proved purchaser question received recover refused respondents rule sess sheriff SKINNER statute stockholders suit Supreme Court Taylor and White Term Rep tiff tion trial trustees usurious UTICA verdict Vide Wendell's Rep witness WOODWORTH
Popular passages
Page 128 - All bonds, bills, notes, assurances, conveyances, all other contracts or securities whatsoever, except bottomry and respondentia bonds and contracts, and all deposits of goods or other things whatsoever, whereupon or whereby there shall be reserved or taken, or secured or agreed to be reserved or taken...
Page 140 - And the said records and judicial proceedings, so authenticated, 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 which they are taken.
Page 26 - The officers and soldiers of any troops, whether militia or others, being mustered and in pay of the United States, shall, at all times and in all places, when joined, or acting in conjunction with the regular forces...
Page 140 - It remains only, then, to inquire in every case what is the effect of a judgment in the State where it is rendered...
Page 32 - ... time of peace, extending to the loss of life, or the dismission of a commissioned officer, or which shall, either in time of peace or war...
Page 37 - The principal rule as to the mode of stating the facts is, that they must be set forth with certainty, by which term is signified a clear and distinct statement of the facts which constitute the cause of action or ground of defense, so that they may be understood by the party who is to answer them, by the jury who are to ascertain the truth of the allegations, and by the court who are to give judgment.
Page 459 - The contracts were for the exclusive use and benefit of the corporation, and made by their agents for purposes authorized by their charter. The corporation proceed, on the faith of those contracts, to pay money from time to time to the plaintiff's intestate. Although, then, an action might have...
Page 140 - Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State," and provides that "Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof.
Page 140 - The act declares that the record duly authenticated shall have such faith and credit as it has in the state court from whence it is taken. If in such court it has the faith and credit of evidence of the highest nature, viz., record evidence, it must have the same faith and credit in every other court. Congress have therefore declared the effect of the record by declaring what faith and credit shall be given to it.
Page 141 - ... regularly obtained in another state, as full and conclusive evidence of the matter adjudicated. In the present case, we are bound to consider the judgment set forth in the declaration, as a debt of record due from the defendants to the plaintiff. Independently of the consideration, that a decision of the Supreme Court of the United States, is entitled to the highest respect, in all cases, a decision upon provisions of the constitution, is, emphatically, entitled to our utmost respect. I consider...