Reports of Cases Argued and Determined in the Superior Court of the City of New York [1871-1892], Volume 56Diossy, 1889 - Law reports, digests, etc |
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Results 1-5 of 53
Page 27
... Mining contract , construc- tion of lessee of mines , as to rights of , irrespective of express stipula- tion - Injunctive relief , granted against acts in excess of privilege given by mining contracts — Estoppel , when not arising from ...
... Mining contract , construc- tion of lessee of mines , as to rights of , irrespective of express stipula- tion - Injunctive relief , granted against acts in excess of privilege given by mining contracts — Estoppel , when not arising from ...
Page 28
... mined from lands other than those of plaintiff upon the surface of plaint- iff's land ; that it had connected the ... mining and preparing for market coal from its own lands , or from any other or adjoining or contiguous lands , until ...
... mined from lands other than those of plaintiff upon the surface of plaint- iff's land ; that it had connected the ... mining and preparing for market coal from its own lands , or from any other or adjoining or contiguous lands , until ...
Page 29
... mining more than the quantities so stipulated . 4th . That the dismissal of the complaint as to the first cause of action was correct . 5th . That the object the parties had in view in entering into the written contract , so far as ...
... mining more than the quantities so stipulated . 4th . That the dismissal of the complaint as to the first cause of action was correct . 5th . That the object the parties had in view in entering into the written contract , so far as ...
Page 30
... mining coal , is so clear and unmistakable that there can be no reasonable doubt as to its meaning . The defend- ant , the party of the second part , agrees , " to mine from said land , in the year one thousand eight hundred and sixty ...
... mining coal , is so clear and unmistakable that there can be no reasonable doubt as to its meaning . The defend- ant , the party of the second part , agrees , " to mine from said land , in the year one thousand eight hundred and sixty ...
Page 31
... mined in any one year , and , at their option may diminish the quantity for any succeeding year or years by an amount corresponding with such increase ; provided that the quantity mined shall not be less in the aggregate than as ...
... mined in any one year , and , at their option may diminish the quantity for any succeeding year or years by an amount corresponding with such increase ; provided that the quantity mined shall not be less in the aggregate than as ...
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Common terms and phrases
admeasurement adverse possession affirmed with costs agreement alleged amount appeal appellant Appellant's points argued assignment attorney authority Bank Barb cause of action cited Civil Procedure claim Clyde & Co coal complaint concurred contract contributory negligence corporation counsel for appellant court court of equity culm damages decree deed defendant demurrer dismiss easement entitled evidence execution executors facts fendant foreclosure FREEDMAN and TRUAX George W granted held injunction interest Jourdan judge judgment jurisdiction jury liability Marcella Marvin shaft Matsell Mayor ment Mickle mining mortgage motion negligence objection Opinion of Referee order denying owner party wall payment person plaint plaintiff plaintiff's land possession premises proceedings question recover referred respondent Respondent's points right of dower Secor SEDGWICK Starin Statement statute street sufficient Super sustained tax lease term testimony thereof tion trial trustees vacated verdict widow York Iron
Popular passages
Page 529 - Sound mind and memory, do make, publish and declare, this my last will and testament, in manner following, that is to say...
Page 204 - A widow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage, unless she shall have lawfully released her right thereto.
Page 337 - The action was brought to recover damages for personal injuries sustained by the plaintiff in a collision between an ambulance driven by him and an ice wagon driven by a servant of the defendant.
Page 142 - In that regard he had jurisdiction of the subject matter and of the person of the plaintiff, and his authority continued up to the time he assumed to pass sentence and to issue a commitment.
Page 370 - ... to bring the minds of the buyer and seller toan agreement for a sale, and the price and terms on which it is to be made, and until that is done his right to commissions does not accrue.
Page 459 - The rendition of a judgment is a Judicial act; its entry upon the record is merely ministerial. A Judgment is not what is entered, but what is ordered and considered.
Page 209 - An act, deed, or conveyance, executed or performed by the husband without the assent of his wife, evidenced by her acknowledgment thereof, in...
Page 291 - ... that during the possession of such property by the appellant, he will not commit, or suffer to be committed, any waste thereon, and that if the judgment be affirmed, he will pay the value of the use and occupation of the property, from the time of the appeal until the delivery of possession thereof, pursuant to the judgment...
Page 430 - The judgment should be reversed and a new trial had, with costs to abide the event.
Page 23 - 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...