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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 6: (English)

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 6: (English)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859 Excerpt: ...especially, ought not to be made liable, when the attorney was informed that he had no right or title to the premises. He cited 1 Bac. Abr. 180. tit. without Attachment, and 4 Johns. Rep. 483. He also observed. name of person; lessor, liable."'/10"' 's that the attorney of the plaintiff ought to be compelled to pay the costs, and cited Runnington's Eject. 417. 1 Str. 402. 6 Mod. 309. -Rf -. Barrett, 9 a. Rtf. 460. Kellogg, contra, observed, that the defendant, being regularly before the court, on the attachment, ought, at least, to be put to answer the interrogatories, which had been filed with the clerk, according to the practice of the court; but The Court said, that, under the circumstances disclosed by the affidavits, the defendant ought to be discharged, on motion; that it would be useless to put him to answer interrogatories, when it appeared, that he had been made a lessor against his consent, and had no interest in the premises claimed by the suit. The Court also expressed a strong disapprobation of the practice of making persons lessors in ejectment, against their consent; and said, that if an attorney makes a person a lessor against his will, and without authority, and the nominal plaintiff, afterwards, becomes nonsuit, the lessor should not be obliged to pay the costs, but the attorney should be liable; that in the present case, the attorney might - have been made liable for the costs, on a proper application for that purpose; but, as it appeared that no notice of any such claim against him had been made, nothing more would be done than to discharge the defendant. Motion granted. 320 the People against John Wilson. The same against Ezra Osborn. Since the act THE prisoner, Wilson, was convicted, at the last oyer and of th...


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Product Details
  • ISBN-13: 9781130593501
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 200
  • Series Title: English
  • Weight: 367 gr
  • ISBN-10: 1130593509
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 11 mm
  • Width: 189 mm


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