Excerpt from Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors, in the State of New-York, Vol. 10 In conformit to the act of Congress of the United States, entitled An Act for the encouragement of learning, by securing the copies of mars, charts and books, to the authors and proprietors of such copies, during the times therein mentione and also to an act, entitled, An Act supplementary to an act, entitled, An Act for the encouragement of'learning, by securin the copies of maps, charts and do'jts, to the authors and proprietors of such copies, during the times t creia mentioned, and extending the benefits therepf'to the arts of designing, engraving and etching historical aid other prints. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Excerpt from Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Trial of Impeachments and the Correction of Errors, in the State of New-York, Vol. 5 You cannot declare according to the tenor and effect; but the precise words must be set forth.1' In Boyce v. Whitaker,1 Lord Mansfield said, that if the defendant had set out the stat ute unnecessarily in his plea, that he would hold him to half a letter. In the case of King v. Marsack, where, in reciting a statute, or was put for and, the court held the variance fatal. The strict principle which prevails, in regard to indictments, or declarations on statutes, is equally applicable to declarations for libels. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1829 edition. Excerpt: ... to have his cause submitted to the jury. (l3John.s. R. 834.) The proof of other apprentices having been employed, was properly rejected. Evidence of illegal conduct in other cases, would not support this action. By the Court, Ssvaea, Ch. J. The plaintiff was nonsuit? ed in the court below, because, in the opinion of the court, there was no evidence to prove that the defendant knew the apprentices to be such. The circumstances relied on, are. ALBANY, the youthful appearance of the boys, and the mahogany dust 0' 1828' on their clothes. The court were right in deciding that these smm would not warrant the jury in finding that the defendant S-un';, '_, 'on_ knewthem to be apprentices. In my opinion, the judge was correct, also, in refusing testimony to shew that other ap prentices had been employed. The point contested, was the knowledge of the defendant in this particular case, and the ' evidence offered did not prove it. If, therefore, the scienter was necessary to be proved, the court below, in my judg ment, decided correctly. But it is said, that slight circumstances are sufficient to go to the jury, and whether 'he defendant knew the boys to be j j __ _ _-the plaintiff's apprentices or not, was a question for the H I agree that courts should be extremely cautious, on the sub-/;-M-., .., .; . ject of interfering with the province of the jury; yet it is mat-a, I k. d _ ter of common practice to set aside verdicts as against evi-I 4. dence, and sometimes because they are against the weight 'A-_.1 of evidence. If, therefore, the evidence would not authorize t...a jury to find a verdict for the plaintiff, or the court would set it aside if so found, as contrary to evidence, in such cases it...