Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 122 |
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Results 1-5 of 100
Page 7
... claim on behalf of the respondent that his contract with his client gave him any right to contest for her as her attorney the probate of the will is without the slightest foundation ; nor did he assume to contest the will under any such ...
... claim on behalf of the respondent that his contract with his client gave him any right to contest for her as her attorney the probate of the will is without the slightest foundation ; nor did he assume to contest the will under any such ...
Page 74
... claim and account the sum of " $ 3,434 . The claim in the second cause of action is only $ 1,300 , and it is obvious that the amount of the App . Div . ] Fourth Department , November , 74 BABCOCK V. ANSON .
... claim and account the sum of " $ 3,434 . The claim in the second cause of action is only $ 1,300 , and it is obvious that the amount of the App . Div . ] Fourth Department , November , 74 BABCOCK V. ANSON .
Page 75
... claim was presented to the defendant and rejected by him . The claim is in the record . A bill of particulars also in the record was furnished to the defendant . The items which com- pose the plaintiff's claim are there set out with the ...
... claim was presented to the defendant and rejected by him . The claim is in the record . A bill of particulars also in the record was furnished to the defendant . The items which com- pose the plaintiff's claim are there set out with the ...
Page 76
... claim against him . When the motion to dismiss was about to be granted , the plaintiff's counsel asked for leave to ... claims against the company in payment of the balance , may hold the receiver individually or officially liable on the ...
... claim against him . When the motion to dismiss was about to be granted , the plaintiff's counsel asked for leave to ... claims against the company in payment of the balance , may hold the receiver individually or officially liable on the ...
Page 81
... claim against him as receiver , and ordinarily a judgment of that character gives the judgment creditor no preference over other creditors in the same class . Leslie has administered the trust in conformity to the orders of the court ...
... claim against him as receiver , and ordinarily a judgment of that character gives the judgment creditor no preference over other creditors in the same class . Leslie has administered the trust in conformity to the orders of the court ...
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Common terms and phrases
abide event accident Act Laws adverse possession agreement alleged appellant to abide attorney bonds cause of action chap charge City Civil Procedure claim clerk Code of Civil Commission complaint concurred contract contributory negligence corporation costs and disbursements costs to appellant Court in favor damages deceased December defendant defendant's demurrer dismissed dissented dollars costs entitled evidence ex rel executors facts Fourth Department Gaynor Impleaded INGRAHAM Jenks Judgment affirmed Judgment and order jury Kings County liability Matter ment mortgage negligence notice November November 22 opinion Order affirmed order reversed party payment person plaintiff premises question received recover referee Respondent Rich and Miller Second Department Sidney Dillon Ripley Special Term statute Supreme Court surety Surrogate's Court ten dollars costs testator thereof Third Department tion trial ordered trust verdict York York City Railway
Popular passages
Page 381 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 855 - Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises, under claim of title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question...
Page 212 - We do not say that there may not be other matters to be regarded in estimating the value of the property. What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience.
Page 104 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 213 - What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience. On the other hand, what the public is entitled to demand is that no more be exacted from it for the use of a public highway than the services rendered by it are reasonably worth.
Page 425 - What usually is done may be evidence of what ought to be done, but what ought to be done is fixed by a standard of reasonable prudence, whether it usually is complied with or not.
Page 219 - In every case that comes before this court, therefore, where legislation of this character is concerned and where the protection of the Federal Constitution is sought, the question necessarily arises: Is this a fair, reasonable and appropriate exercise of the police power of the State, or is it an unreasonable, unnecessary and arbitrary interference with the right of the individual to his personal liberty...
Page 151 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
Page 227 - The question of the reasonableness of a rate of charge for transportation by a railroad company, involving as it does the element of reasonableness both as regards the company and as regards the public, is eminently a question for judicial investigation, requiring due process of law for its determination.
Page 184 - ... (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...