Miscellaneous Reports. Cases Decided in the Courts of Record of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 35Lawyers Co-operative Publishing Company, 1901 - Law reports, digests, etc "Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly) |
From inside the book
Results 1-5 of 100
Page 28
... claim against her , in addition to the other tax terms personal to herself . As the result of such negotiations , on the 8th day of December , 1892 , the following paper was executed : Whereas , Mrs. Bernard - Beere claims that she may ...
... claim against her , in addition to the other tax terms personal to herself . As the result of such negotiations , on the 8th day of December , 1892 , the following paper was executed : Whereas , Mrs. Bernard - Beere claims that she may ...
Page 39
... claim is in distinct repudiation of any continued claim to the property itself . A judgment must be secundum allegata et probata and hence a judg- ment in replevin for the plaintiff cannot , by any tacit consent of the defendants , be ...
... claim is in distinct repudiation of any continued claim to the property itself . A judgment must be secundum allegata et probata and hence a judg- ment in replevin for the plaintiff cannot , by any tacit consent of the defendants , be ...
Page 40
... claim alluded to in this paper had refer- ence to the property in suit was left to the veriest conjecture . If , however , we regard the claim as one arising upon a sale or from the conversion of the property in suit , then , self ...
... claim alluded to in this paper had refer- ence to the property in suit was left to the veriest conjecture . If , however , we regard the claim as one arising upon a sale or from the conversion of the property in suit , then , self ...
Page 78
... claiming that the contract in question had been . assigned to that corporation . The United Press of Illinois , claim- ing that it was to it that said contract had been assigned , exe- cuted an assignment of its claim for damages ...
... claiming that the contract in question had been . assigned to that corporation . The United Press of Illinois , claim- ing that it was to it that said contract had been assigned , exe- cuted an assignment of its claim for damages ...
Page 79
... claim for damages he might have to the plaintiff , who was substituted as plaintiff in the ac- tion originally ... claims of both , and therefore am entitled to recover damages in either case . " The defendant does not deny that it made ...
... claim for damages he might have to the plaintiff , who was substituted as plaintiff in the ac- tion originally ... claims of both , and therefore am entitled to recover damages in either case . " The defendant does not deny that it made ...
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Common terms and phrases
abide event agreement Albany County alleged amount Appellate Term application appointed assignment attorney bank BEACH and FITZGERALD bonds borough of Manhattan cause of action chap charge City Court claim codicil commissioner complaint contract corporation costs to abide counsel court of equity creditors Curiam damages deceased deed defendant defendant's demurrer discharge district duty entitled evidence ex rel execution executor fact fendant filed granted HASCALL indictment issue John Whalen Judgment affirmed judgment rendered Judgment reversed July June jury justice land lien Manhattan Matter ment METROPOLITAN STREET RAILWAY Misc mortgage motion Municipal Court owner paid parties payment person plaintiff premises proceedings purchase question reason recover reference rendered in favor Rensselaer County respondent Sacandaga river statute street Supreme Court Surrogate's Court testator testimony thereof tion trial ordered trust wife York County York Special Term
Popular passages
Page 180 - ... .7 That the act or omission charged as the offense, is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction, according to the right of the case.
Page 112 - The action was brought to recover damages for the death of plaintiff's intestate, alleged to have been caused by the negligence of defendant.
Page 314 - All other officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct.
Page 309 - All city, town and village officers whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose.
Page 292 - An action or special proceeding may be maintained, against the president or treasurer of such an association, to recover any property, or upon any cause of action, for or upon which the plaintiff may maintain such an action or special proceeding, against all the associates, by reason of their interest or ownership, or claim of ownership therein, either jointly or in common, or their liability therefor, either jointly or severally. Any partnership, or other company of persons, which has a president...
Page 63 - Those affirmative defenses are, first, that the cause of action stated in the complaint did not accrue within six years before the commencement of the action, or within six years before the death of the defendant's testator, said Henry E.
Page 181 - ... sufficient which does not accurately and clearly allege all the ingredients of which the offense is composed, so as to bring the accused within the true meaning and intent of the statute defining the offense.
Page 149 - ... undisposed of, and no valid direction for their accumulation is given, such rents and profits shall belong to the persons presumptively entitled to the next eventual estate.
Page 217 - ... is a trial by a jury of twelve men, in the presence and under the superintendence of a judge empowered to instruct them on the law and to advise them on the facts, and (except on acquittal of a criminal charge) to set aside their verdict if, in his opinion, it is against the law or the evidence.
Page 217 - Trial by jury, in the primary and usual sense of the term at the common law and in the American Constitutions, is not merely a trial by a jury of twelve men before an officer vested with authority to cause them to be summoned and impaneled, to administer oaths to them and to the constable in charge, and to enter judgment and issue execution on their verdict...