A Digest of the Cases Decided and Reported in the Supreme Court of Judicature, the Court of Chancery, and the Court for the Correction of Errors of - Softcover
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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.1825 Excerpt: ... De Riemer v. Cantillon, 4 J. C. R. 86. S. P. Hawley v. Mancius, 7 J. C.R. 174. 1102. A judgment, after it has been fully paid and satisfied, cannot be kept on foot, to cover new demands of the plaintiff. Troup v. Wood, 4 J R. 228. 1103. Where the sheriff seizes sufficient property under an execution, the debtor is discharged from the judgment, and the plaintiff must look to the sheriff for his money. Ibid. 1104. A judgment cannot be impeached, except for fraud, nor can its consideration be inquired into. French v. Sholwell, 6 J. C. R. 235. XXXVI. JURISDICTION OF THE STATE. 1105. By the declaration of the statute passed April 6th, 1808, Sess. 31. c. 135. as well as by immemorial usage, the whole of the Hudson River southward of the boundary of the city of New-York, and the whole of the Bay between Staten Island and Long or Nassau Island, are within the jurisdiction of the state. Livingston v. Ogden, 4 J. C. R. 48. 1106. Therefore, a legislative grant of the exclusive privilege of navigation with steam-boats, "in all creeks, rivers, and bays whatsoever, within the territory or jurisdiction of the state," comprehends all the waters lying between Staten Island and Powles Hook, and the Jersey shore, as being part of Hudson River or the Bay. Ibid. 1107. The waters between Staten Island and the Whitehall Landing in the city of New-York, are part of the Bay of New-York. Ibid. XXXVII. JURISDICTION OF CHANCERY. 1108. When Chancery gains jurisdiction of a cause for one purpose, it may retain the bill generally. Rathbone v. Warren, on appeal, 10 J. R. 587. 1109. So, Chancery once having had jurisdiction, will retain it, though the original ground of jurisdiction, to wit. the inability to recover at law, no longer exists. King v. Baldwin, on appeal, 17 J. R. 384. 1110. ...
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