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affirmed agreement alleged amount appeal assessment assignment authority BACON barge cause of action Ch.J charge claim common law complaint contract corporation costs counsel Court of Equity creditors damages debt deceased decree Defendant Defendant's Dissenting opinion duty endorser entitled equity error evidence execution facts fraud given grant ground held Henry Wilkes indictment interest JOEL TIFFANY Judge judgment jurisdiction jury land liable malice malice aforethought Mellen ment mortgage mortgagor murder notice objection Opinion by CLERKE Opinion by GROVER Opinion by HUNT Opinion by MASON Opinion by MILLER Opinion by Woodruff paid parties payment person Plaintiff Plaintiff in Error possession premises proceedings promissory note proof question real estate received recover referee rent Reporter Respondents reversed rule Sheriff statute Supreme Court surety Term thereof Thomas Gill tion trial trustees usurious valid verdict void warrant wife witness York
Página 235 - All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose.
Página 279 - From a deliberate and premeditated design to effect the death of the person killed, or of another; or, 2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect the death of any individual; or without a design to effect death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon or affecting the person killed or otherwise; or, 3.
Página 292 - 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.
Página 5 - Commissioners, provided for and holding office under and pursuant to the provisions of an act of the Legislature of the State of New York, entitled 'An act to provide new reservoirs, dams and a new aqueduct, with the appurtenances thereto, for the purpose of supplying The City of New York with an increased supply of pure and wholesome water...
Página 220 - An appeal may be taken, to the appellate division of the supreme court, from an order, affecting a substantial right, made in a special proceeding, at a special term or a trial term of the supreme court; or made by a justice thereof in a special proceeding...
Página 188 - Inferior local courts of civil and criminal jurisdiction may be established by the Legislature, but no inferior local court hereafter created shall be a court of record.
Página 177 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Página 176 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Página 8 - all cases of admiralty and maritime jurisdiction." 7 The Judiciary Act of 1789, provided that the district courts of the United States "shall also have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction . . . saving to suitors, in all cases, the right of a common law remedy where the common law is competent to give it, etc.