Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 105 |
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Page 42
... fact as to whether or not the notice as published was authorized by the defend- ant , and , if not , what part ... facts , that forty folios would have been sufficient for the App . Div . ] FOURTH DEPARTMENT , MAY , 42 PEOPLE EX REL ...
... fact as to whether or not the notice as published was authorized by the defend- ant , and , if not , what part ... facts , that forty folios would have been sufficient for the App . Div . ] FOURTH DEPARTMENT , MAY , 42 PEOPLE EX REL ...
Page 58
... fact of this repeal was doubtless unknown to the Municipal Court justice . The order of removal having thus been ... facts developed upon the motion do not in our opinion make out a voluntary submission on the part of the plaintiff to ...
... fact of this repeal was doubtless unknown to the Municipal Court justice . The order of removal having thus been ... facts developed upon the motion do not in our opinion make out a voluntary submission on the part of the plaintiff to ...
Page 79
... fact that the planking was there , and that the plaintiff must have known of the fact , or been charged with the duty of knowing it . We are of opinion that , while the court might have been justified in setting aside the verdict , the ...
... fact that the planking was there , and that the plaintiff must have known of the fact , or been charged with the duty of knowing it . We are of opinion that , while the court might have been justified in setting aside the verdict , the ...
Page 80
... fact in mind , he would not be entitled to recover , but he was engaged in collecting fares in the manner customary on single - track railroads operating open cars , and he had a right to assume that the highway had not been made unsafe ...
... fact in mind , he would not be entitled to recover , but he was engaged in collecting fares in the manner customary on single - track railroads operating open cars , and he had a right to assume that the highway had not been made unsafe ...
Page 122
... facts . He gives them in detail , so that we can judge of them as well as he . He may not have ' considered that he had been consulted , ' because he was not paid for such consultation , and refused to act as an attor- ney . The fact ...
... facts . He gives them in detail , so that we can judge of them as well as he . He may not have ' considered that he had been consulted , ' because he was not paid for such consultation , and refused to act as an attor- ney . The fact ...
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Common terms and phrases
affidavit agreement alleged Appellant attorney authority Bank cause of action certificate chap charge Civil Procedure claim clerk Code of Civil Company complaint Comptroller concurred contract contributory negligence corporation costs and disbursements County Court deceased defendant defendant's district dollars costs entered entitled evidence ex rel executed executors fact FOURTH DEPARTMENT granted Impleaded indictment intestate issued judge Judgment and order JUNE jurisdiction Leon Abbett liability Matter ment mortgage Motion denied negligence opinion Order affirmed owner paid party payment person plaintiff premises proceedings proof provisions question railroad receiver recover referee refused Reich relator Respondent reversed SECOND DEPARTMENT Special Term statute Steinway street Supreme Court Surrogate's Court ten dollars costs testator testified testimony therein thereof THIRD DEPARTMENT tion town town of Kinderhook trial trustee verdict William William Steinway witness York YORK ex rel
Popular passages
Page 441 - ... although the death shall have been caused under such circumstances as amount in law to felony.
Page 268 - No one shall be permitted to profit by his own fraud, or to take advantage of his own wrong, or to found any claim upon his own iniquity, or to acquire property by his own crime.
Page 486 - Each stockholder in any corporation [excepting those organized for the purpose of carrying on any kind of manufacturing or mechanical business shall be liable to the amount of stock held or owned by him.
Page 152 - Shamblin by shooting him with a gun, contrary to the form of the statutes in such case made and provided, and against the peace and dignity of the State.
Page 612 - It is impossible that the meaning of the constitutional provision can only be, that a person shall not be compelled to be a witness against himself in a criminal prosecution against himself. It would doubtless cover such cases; but it is not limited to them. The object was to insure that a person should not be compelled, when acting as a witness in any investigation, to give testimony which might tend to show that he himself had committed a crime.
Page 275 - STATE OF NEW YORK, County of New York, is: On this 2nd day of July, 1908, before me personally came Richard Stanley Ryan and Daniel Le Roy Dresser, to me known and known to me to be the persons described in and who executed the foregoing instrument, and they severally duly acknowledged to me that they executed the same.
Page 413 - ... —The president and cashier of every national banking association shall cause to be kept at all times a full and correct list of the names and residences of all the shareholders in the association, and the number of shares held by each, in the office where its business is transacted. Such list shall be subject to the inspection of all the shareholders and creditors of the association...
Page 512 - When an offense involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured, or intended to be injured, or of the place where the offense was committed, or of the property involved in its commission, is not material.— 1927:1042.
Page 384 - An act, done with intent to commit a crime, and tending but failing to effect its commission, is 'an attempt to commit that crime.
Page 261 - He must, in the language of the cases, have sufficient active memory to collect in his mind, without prompting, the particulars or elements of the business to be transacted, and to hold them in his mind a sufficient length of time to perceive at least their obvious relations to each other, and be able to form some rational judgment in relation to them.