The New York Supplement, Volumen39West Publishing Company, 1896 "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
Dentro del libro
Resultados 1-5 de 78
Página 38
... trial , does not authorize the appellate court to set aside a default judgment before the trial justice has made his return to the appellate court , as such section contains no provision dispensing with the necessity of a return before ...
... trial , does not authorize the appellate court to set aside a default judgment before the trial justice has made his return to the appellate court , as such section contains no provision dispensing with the necessity of a return before ...
Página 39
... trial before the same or another justice of the same county , designated in the order . The claim of respondent is that this section furnishes authority for the order entered herein . We think the claim cannot be sustained . Upon ...
... trial before the same or another justice of the same county , designated in the order . The claim of respondent is that this section furnishes authority for the order entered herein . We think the claim cannot be sustained . Upon ...
Página 40
... trial of issues or taken by default , and whether the appeal be heard upon errors of law or errors of fact . And it is readily apparent that there can be no review of the judgment unless it is brought before the court for that purpose ...
... trial of issues or taken by default , and whether the appeal be heard upon errors of law or errors of fact . And it is readily apparent that there can be no review of the judgment unless it is brought before the court for that purpose ...
Página 68
... trial , we will proceed , in the light of the rule above laid down , to consider whether there was evidence developed upon the trial of this case sufficient to carry the case to the jury upon the question of the plaintiff's contributory ...
... trial , we will proceed , in the light of the rule above laid down , to consider whether there was evidence developed upon the trial of this case sufficient to carry the case to the jury upon the question of the plaintiff's contributory ...
Página 71
... trial should be granted , with the costs to abide the event . All concur . ( 5 App . Div . 36. ) DAVIS v . GRAND RAPIDS FIRE INS . CO . ( Supreme Court , Appellate Division , Fourth Department . April 18 , 1896. ) MOTION FOR NEW TRIAL ...
... trial should be granted , with the costs to abide the event . All concur . ( 5 App . Div . 36. ) DAVIS v . GRAND RAPIDS FIRE INS . CO . ( Supreme Court , Appellate Division , Fourth Department . April 18 , 1896. ) MOTION FOR NEW TRIAL ...
Otras ediciones - Ver todas
Términos y frases comunes
affidavit alleged amount Appeal from special Appellate Division application Argued attorney Bank Brooklyn BRUNT cause of action certificate certiorari charge claim Code Civ commissioners Company complaint concur contract contributory negligence corporation costs counsel court of equity creditors damages debts deceased deed defendant defendant appeals defendant's duty easement entitled equity evidence executor fact favor fendant granted held husband INGRAHAM issue James McKechnie judge Judgment affirmed jury liable lien ment mortgage motion N. Y. Supp negligence O'BRIEN order denying owner paid parties payment person plaintiff premises proceeding question railroad real estate reason received recover reference relator respondent reversed rule RUMSEY Saratoga county special term statute street Supreme Court surrogate's court testator testified testimony thereof tiff tion trial trust verdict wife William witness writ York county
Pasajes populares
Página 141 - When the duration of any office, is not provided by this Constitution, it may be declared by law, and if not so declared, such office shall be held, during the pleasure of the authority making the appointment.
Página 751 - Lest haply after he hath laid the foundation, and is not able to finish it, all that behold it begin to mock him, saying, This man began to build, and was not able to finish.
Página 384 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item, proved in the account on either side.
Página 101 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Página 76 - ... that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and residents of this state, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section.
Página 767 - But no such corporation or association shall be entitled to any such exemption if any officer, member or employee thereof shall receive or may be lawfully entitled to receive any pecuniary profit from the operations thereof, except reasonable compensation for services in effecting one or more of such purposes, or as proper beneficiaries of its strictly charitable purposes...
Página 408 - In relief against conscience or public convenience, has always refused Its aid to stale demands, where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence ; where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this Jurisdiction, there was always a limitation to suits In this court.
Página 512 - In the name of God, Amen : I, Sarah M. Cottrell, of the Town of Scott in the County of Cortland and State of New York, being of sound mind and memory, do make, publish, and declare this my last Will and Testament in manner following, that is to say: First — I direct that all my just debts and funeral expenses be paid.
Página 424 - ... together with all and singular, the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above described premises, and every part and parcel thereof, with the appurtenances.
Página 166 - The existing Surrogates' Courts are continued, and the Surrogates now in office shall hold their offices until the expiration of their terms. Their successors shall be chosen by the electors of their respective counties, and their terms of office shall be six years, except in the county of Xew York, where they shall continue to be fourteen years. Surrogates and Surrogates...