The New York Supplement, Volume 118West Publishing Company, 1909 - Law reports, digests, etc "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
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Page 2
... action , if it exists at all , must rest upon the fact that the cause of action arose within this state . Code Civ . Proc . § 1780 , subd . 3. The affidavits are voluminous , and many other points are ar- gued in the briefs ; but in the ...
... action , if it exists at all , must rest upon the fact that the cause of action arose within this state . Code Civ . Proc . § 1780 , subd . 3. The affidavits are voluminous , and many other points are ar- gued in the briefs ; but in the ...
Page 88
... ACTION - FOREIGN STATUTE . Where a right of action for wrongful death is conferred by the statute of a foreign country , which statute is similar to that of this state , an action for death occurring by the negligence of defendant in ...
... ACTION - FOREIGN STATUTE . Where a right of action for wrongful death is conferred by the statute of a foreign country , which statute is similar to that of this state , an action for death occurring by the negligence of defendant in ...
Page 89
cause of action being substituted , an action by one as administrator being in a capacity distinct from one as an individual . [ Ed . Note . For other cases , see Death , Dec. Dig . § 44. * ] Williams and Kruse , JJ . , dissenting ...
cause of action being substituted , an action by one as administrator being in a capacity distinct from one as an individual . [ Ed . Note . For other cases , see Death , Dec. Dig . § 44. * ] Williams and Kruse , JJ . , dissenting ...
Page 90
... actions are independent , and do not prejudice the original proceedings to which the parties may be subject . " It will be noted that the cause of action does not exist in favor of the administratrix , but must be in the names of the ...
... actions are independent , and do not prejudice the original proceedings to which the parties may be subject . " It will be noted that the cause of action does not exist in favor of the administratrix , but must be in the names of the ...
Page 91
... action , the statute does not authorize an amendment of the pleading , which adds the name of a person who was , as to the original cause of action , a stranger in the eye of the law . " It has frequently been held that an amendment ...
... action , the statute does not authorize an amendment of the pleading , which adds the name of a person who was , as to the original cause of action , a stranger in the eye of the law . " It has frequently been held that an amendment ...
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Common terms and phrases
act Laws administratrix affirmed agreement alleged amended amount appeal Appellate Division assessment attorney authority Bank Beckwith Company bond and mortgage cause of action Cent certificate charge claim Code Civ commenced commission Company complaint contract corporation costs counsel creditors damages death deceased deed defendant defendant's Digs easement employés entitled equity Erie County evidence execution executors fact fendant filed Franklinville granted held interest issue judgment jury justice land lease liable lien ment motion N. Y. Supp negligence Note Note.-For notice NUMBER in Dec opinion owner paid parties payment performance person plaintiff possession premises proceedings purchase question railroad real estate real property Realty received recover relator Rep'r Indexes respondent Special Term statute street Supreme Court Surrogate's Court tenant testator thereof tion Tonawanda reservation topic trial trust witness York County
Popular passages
Page 675 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, Susie E. Smith, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Page 219 - Owner shall also be at liberty to terminate the employment of the Contractor for the said work and to enter upon the premises and take possession, for the purpose of completing the work included under this contract, of all materials, tools and appliances thereon, and to employ any other person or persons to finish the work, and to provide the materials therefor...
Page 191 - ... 1. For a public offense committed or attempted in his presence; 2. When a person arrested has committed a felony, although not in his presence ; 3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it; 4.
Page 539 - Future estates are either vested or contingent. They are vested, when there is a person in being, who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate.
Page 621 - When an express trust shall be created for any purpose not enumerated in the preceding sections of this chapter no estate shall vest in the trustees; but the trust, if directing or authorizing the performance of any act which may be lawfully performed under a power, shall be valid as a power in trust, subject to the provisions in relation to such powers contained in the next succeeding chapter.
Page 673 - When the transfer is by will or by the intestate laws of this state from any person dying seized or possessed of the property while a resident of the state.
Page 218 - ... written notice to the contractor, to provide any such labor or materials, and to deduct the cost' thereof from any money then due or thereafter to become due to the contractor under...
Page 560 - If the executor or administrator doubts the correctness of any claim presented to him or filed with the clerk, he may enter into an agreement in writing with the claimant to refer the matter in controversy to some disinterested person, to be approved by the superior court, or a judge thereof.
Page 134 - Every executor, administrator or trustee, shall have full power to sell so much of the property of the decedent as will enable him to pay such tax in the same manner as he might be entitled by law to do for the payment of the debts of the testator or intestate. Any such...
Page 218 - Should the contractor at any time refuse or neglect to supply a. sufficiency of properly skilled workmen, or of materials of the proper quality, or fail in any respect to prosecute the work with promptness and diligence...