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action affidavit alleged allowed amend amount answer appeal application attachment attorney authority Bank bill brought cause cause of action charge claim Code commenced complaint constitution contract costs counsel debt decision defendant delivered demand demurrer denied direct effect entered entitled evidence examination execution existing facts give given granted ground held imported injunction intended interest issue John judge judgment jurisdiction jury Justice letters liquor matter ment motion necessary New-York notice objection obtained officer opinion original owner paid party payment person plaintiff pleading possession present proceedings proper provisions purchase question reason receiver recover reference remedy rendered respect rule says sell served sheriff sold Special Term statute stay sufficient suit SUPREME COURT taken thereof tion trial unless whole wife witness
Page 342 - The fundamental maxims of a free government seem to require that the rights of personal liberty and private property should be held sacred. At least, no court of justice in this country would be warranted in assuming that the power to violate and disregard them — a power so repugnant to the common principles of justice and civil liberty — lurked under any general grant of legislative authority, or ought to be implied from any general expressions of the will of the people. The people ought not...
Page 339 - THERE is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of . property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world} in total exclusion of the right of any other individual in the universe.
Page 529 - After the issuing of an execution against property, and upon proof by affidavit, of a party or otherwise, to the satisfaction of the court, or a judge thereof, or county judge, that any judgment debtor has property, which he unjustly refuses to apply towards the satisfaction of the judgment...
Page 317 - THE third absolute right, inherent in every Englishman, is that of property : which consists in the free use, enjoyment, and disposal of all his acquisitions, without any control or diminution, save only by the laws of the land.
Page 354 - The true reason of the remedy ? And then the office of all the judges is always to make such construction as shall suppress the mischief and advance the remedy...
Page 306 - ... shall be deemed guilty of a misdemeanor and punished by a fine of not less than fifty dollars nor more than...
Page 150 - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Page 63 - I am of opinion that it is only a special property in the receiver, possibly the property of the paper may belong to him ; but this does not give a license to any person whatsoever to publish them to the world, for at most the receiver has only a joint property with the writer.
Page 354 - That for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered. 1. What was the common law before the making of the act? 2. What was the mischief and defect for which the common law did not provide? 3. What remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth? And 4. The true reason of the remedy?
Page 294 - ... he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall forfeit and pay a fine of not more than five hundred dollars, or be imprisoned in the District jail not less than two months or more than one year or both in the discretion of the court.