The New York Supplement, Volume 3West Publishing Company, 1889 - 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) |
From inside the book
Results 1-5 of 82
Page 16
... allowed by the general term of the common pleas to the court of appeals , though the reasons assigned for his decision by the trial justice may be unsound , where the decision itself is correct , and depends mainly upon a question of ...
... allowed by the general term of the common pleas to the court of appeals , though the reasons assigned for his decision by the trial justice may be unsound , where the decision itself is correct , and depends mainly upon a question of ...
Page 26
... allowed by the sur- rogate . He thereupon filed objections to the accounts , and it was referred by the surrogate to a referee to take the accounting . The plaintiff in the action objected to the defendant being heard upon the ...
... allowed by the sur- rogate . He thereupon filed objections to the accounts , and it was referred by the surrogate to a referee to take the accounting . The plaintiff in the action objected to the defendant being heard upon the ...
Page 27
... allowed to be taken before the surrogate ; and the same result follows from the application of sections 2734– 2737 , 2739-2741 , 2743 , 2744 , and 2746 by section 2811 to the same proceed- ings , for these sections so applied do no more ...
... allowed to be taken before the surrogate ; and the same result follows from the application of sections 2734– 2737 , 2739-2741 , 2743 , 2744 , and 2746 by section 2811 to the same proceed- ings , for these sections so applied do no more ...
Page 33
... allowed to put in his proof on that point . Assuming such knowledge on Noble's part to have been established , ( and on this appeal the plaintiff is entitled to the most favorable inferences in his behalf , ) there was no illegality in ...
... allowed to put in his proof on that point . Assuming such knowledge on Noble's part to have been established , ( and on this appeal the plaintiff is entitled to the most favorable inferences in his behalf , ) there was no illegality in ...
Page 40
... allowed and computed upon this balance , or so much of it as from time to time remained , after the appli- cation of the payments which were made . But there was no such suggestion or claim ; all reason for it having been removed ...
... allowed and computed upon this balance , or so much of it as from time to time remained , after the appli- cation of the payments which were made . But there was no such suggestion or claim ; all reason for it having been removed ...
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Common terms and phrases
action affirmed agreement alleged amount answer Appeal from special Argued assessment assignment attorney cause of action charge Civil Procedure claim clause Code Civil Proc codicil commissioners complaint concur contract corporation costs counsel court of equity creditors damages death debt deceased decedent December 13 deed defendant defendant appeals defendant's demurrer duty DYKMAN entitled evidence execution executor fact fendant granted held interest issue judge judgment jury justice Kings county land legacies legatee letters testamentary liable lien ment mortgage motion N. E. Rep negligence notice November 20 Owego owner paid parties payment person plaintiff premises proceedings proof purchase purpose question Railroad received recover reference residence residuary residuary estate respondent special term statute Supreme Court surrogate surrogate's court testator testatrix testified testimony thereof tion trial trust verdict Walter McQueen witness York York County
Popular passages
Page 279 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Page 310 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 553 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 378 - For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this State or of the United States...
Page 432 - ... arising. There are pitfalls and man-traps at every step, and the mere youth at the very outset of his career, needs often the prudence and self-denial, as well as the moral courage, which belong...
Page 573 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 413 - Any combination the tendency of which is to prevent competition in its broad and general sense, and to control and thus at will enhance prices to the detriment of the public...
Page 572 - ... at the determination of the period limited by this act to any person for making an entry or distress, or bringing any writ of quare impedit, or other action or suit, the right and title of such person to the land, rent, or advowson, for the recovery whereof such entry, distress, action, or suit respectively, might have been made or brought within such period, shall be extinguished.
Page 611 - And when the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain, by amendment.
Page 567 - A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to an acquittal...