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affidavit alleged allowed amended American Exchange Bank amount answer appeal application assignment assumpsit authority averments bank Barb bill of exceptions bond cause of action charge circuit city of New-York clerk Code commenced common council common law complaint contract corporation costs counsel county judge court of equity court of sessions creditors curtesy damages debt debtor decision defendant defendant's demurrer denied entitled equity evidence ex rel examination execution facts fees fendant fraud ground held injunction insolvent intent interest issue judgment judgment debtor jury Justice liable ment Michael Ritter mortgage motion notice objection opinion paid party payment person plaintiff pleading possession present prisoner proceedings provisions question reason receiver recover reference remedy rule sheriff special term stockholders sufficient suit summons SUPREME COURT thereof tion tort trial trust Wayne County wife witness
Page 517 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 142 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 53 - When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.
Page 128 - That every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate...
Page 507 - As these two questions appear to us to be more conveniently answered together, we submit our opinion to be that the jury ought to be told in all cases that every man is presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction.
Page 128 - ... the jury may give such damages as they shall deem a fair and just compensation, with reference to the pecuniary injuries resulting from such death, to the wife and next of kin of such deceased person...
Page 210 - The defendant may be arrested, as hereinafter prescribed, in the following cases : 1. In an action for the recovery of damages, on a cause of action not arising out of contract, where the defendant is not a resident of the State, or is about to remove therefrom, or where the action is for an injury to person or character, or for injuring, or for wrongfully taking, detaining or converting property.
Page 515 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Page 60 - When the order is made upon a summary application, in an action after judgment, and affects a substantial right.