Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 37Diossy, 1874 - Law reports, digests, etc |
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Page 10
... proof that he was ever called upon to pay or had paid a dollar on ac- count of the judgment against himself and Turner , and , as said before , there is no proof as to the dispo- sition of the proceeds of the sale . IV . The exceptions ...
... proof that he was ever called upon to pay or had paid a dollar on ac- count of the judgment against himself and Turner , and , as said before , there is no proof as to the dispo- sition of the proceeds of the sale . IV . The exceptions ...
Page 11
... proof of special damage , perhaps even the plain- tiff might maintain an action on the case , yet under the complaint in this action which alleged nothing beyond a naked trespass , plaintiff could not proceed as if his action had been ...
... proof of special damage , perhaps even the plain- tiff might maintain an action on the case , yet under the complaint in this action which alleged nothing beyond a naked trespass , plaintiff could not proceed as if his action had been ...
Page 12
... proof of special damage . No such proof was given or offered . The appeal from the direction of the verdict should be dismissed , with ten dollars costs ; plaintiff's excep- tions should be overruled and judgment absolute ren dered for ...
... proof of special damage . No such proof was given or offered . The appeal from the direction of the verdict should be dismissed , with ten dollars costs ; plaintiff's excep- tions should be overruled and judgment absolute ren dered for ...
Page 14
... proof to support the declaration , it was the duty of the court to take the case from the jury and to nonsuit ( 1 Wend . 376 ; 6 Id . 436 ) . The power to do so was held to be inherent in the courts and to result necessarily from the ...
... proof to support the declaration , it was the duty of the court to take the case from the jury and to nonsuit ( 1 Wend . 376 ; 6 Id . 436 ) . The power to do so was held to be inherent in the courts and to result necessarily from the ...
Page 15
... proof , which is simply a ruling that , as matter of law , the plaintiff failed to substantiate the allegations of the complaint , just as the order for a compulsory nonsuit under the old practice was a ruling that , as matter of law ...
... proof , which is simply a ruling that , as matter of law , the plaintiff failed to substantiate the allegations of the complaint , just as the order for a compulsory nonsuit under the old practice was a ruling that , as matter of law ...
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Common terms and phrases
adverse possession affidavit agreement alimony alleged amendment amount Appellant's points applied appointed arbitrator assessment attorney August Belmont Bank Barb bill cargo cause of action cents certificate certificate of deposit charge claim commissioners complaint concurred contract corporation counsel covenant damages decision deed defendant defendant's delivered dismissed dividends duties entitled evidence exception facts fendant FREEDMAN freight George Opdyke ground held hundred dollars indorsed interest judge judgment July 16 jurisdiction jury land lease liable lien March 27 ment Michigan Southern MONELL motion Northern Indiana Railroad old street Opdyke Opinion owner paid parties payment person plaintiff pleadings possession premises proceedings proof public instruction question received recover reference respondent rule SEDGWICK Sheridan special term Statement statute sufficient testimony thereof thousand dollars thousand six hundred tiff tion trial usury VAN VORST verdict VORST witness Woolley York
Popular passages
Page 69 - When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.
Page 559 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Page 270 - ... shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be thereafter contracted...
Page 562 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Page 135 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 535 - To render an appeal effectual for any purpose, in any case, a written undertaking shall be executed on the part of the appellant, by at least two sureties...
Page 566 - Private roads may be opened in. the manner to be prescribed by law ; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited.
Page 535 - ... the appellant will pay the amount directed to be paid by the judgment, or the part of such amount as to which the judgment shall be affirmed, if it be affirmed only in part, and all damages which shall be awarded against the appellant upon the appeal.
Page 366 - Generally, no contract can be rescinded by one of the parties, unless both can be restored to the condition in which they were before the contract was made.
Page 140 - The drawee of a bill is held bound to know the hand writing of his correspondent, the drawer ; and if he accepts or pays a bill in the hands of a bona fide holder for value, he is concluded by the act, although the bill turns out to be a forgery. If he has accepted he must pay, and if he has paid he cannot recover the money back. This is an exception to the general rule, that money paid under a mistake of fact may be recovered back. The exception is fully established.