Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 143
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action affirmed agreed agreement alleged amount appellant application assessment authority bonds cause chap charge claim clerk commissioners Company complaint concurred condition construction contract corporation costs court defendant defendant's denied determined directed dollars costs duty effect entered entitled event evidence ex rel examination fact favor February feet finding follows Fourth further give given granted ground held interest issue judgment jury land Laws liability March Matter ment mortgage motion Municipal necessary negligence notice opinion owner paid parties payment person plaintiff premises present proceeding purchase question railroad reason received record recover referred relator respect Respondent reversed rule Second Department Special statute street taken Term testified testimony thereof Third tion town trial trustee witness York
Page 253 - In all other cases the defendant may be found guilty of any offense, the commission of which is necessarily included in that with which he is charged in the indictment.
Page 797 - A common carrier, railroad corporation or street railroad corporation organized or existing, or hereafter incorporated, under or by virtue of the laws of the state of New York, may issue stocks, bonds, notes or other evidence of indebtedness payable at periods of more than twelve months after the date thereof...
Page 332 - When the transfer is by will or intestate law, of property within the state, and the decedent was a nonresident of the state, at the time of his death.
Page 148 - States, or elsewhere, is presumed to be paid and satisfied, after the expiration of twenty years from the time, when the party recovering it was first entitled to a mandate to enforce it.
Page 253 - Upon an indictment for a crime consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto, or of an attempt to commit the crime.
Page 106 - ... the court may award costs against the executor or administrator, to be collected either out of his individual property or out of the property of the decedent as the court directs, having reference to the facts which appear upon the trial.
Page 432 - Court may, in its discretion, also direct him to give reasonable security, in such a manner and within such a time as it thinks proper, for the payment, from time to time, of the sums of money required for that purpose.
Page 262 - Such notice shall designate the time and place and when and where a hearing will be given to such railroad company, and such railroad company shall have the right to be heard before the authorities of such municipal corporation upon the question of the necessity of such street, avenue or highway.
Page 904 - ... (1) By reason of any defect in the condition of the ways, works or machinery connected with or used in the business of the employer, which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and entrusted by him with the duty of seeing that the ways, works or machinery were in proper condition...