Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Svazek 81 |
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Strana 6
... trial before the court without a jury at the New York Trial Term upon an agreed statement of facts . The facts as agreed upon show that the defendant is a municipal corporation existing under the laws of the State of New York ; that ...
... trial before the court without a jury at the New York Trial Term upon an agreed statement of facts . The facts as agreed upon show that the defendant is a municipal corporation existing under the laws of the State of New York ; that ...
Strana 68
... trial the plaintiff obtained a verdict , but the judgments entered on these verdicts were reversed on appeal . ( Frounfelker v . Delaware , Lackawanna & Western R. R. Co. , 48 App . Div . 206 ; 168 N. Y. 635 ; second appeal , 74 App ...
... trial the plaintiff obtained a verdict , but the judgments entered on these verdicts were reversed on appeal . ( Frounfelker v . Delaware , Lackawanna & Western R. R. Co. , 48 App . Div . 206 ; 168 N. Y. 635 ; second appeal , 74 App ...
Strana 77
... trial of an action to recover upon a policy of life insurance , incidentally testifies that a certain physician treated the insured professionally , does not justify the court in excluding , upon the objection of the plaintiff , the ...
... trial of an action to recover upon a policy of life insurance , incidentally testifies that a certain physician treated the insured professionally , does not justify the court in excluding , upon the objection of the plaintiff , the ...
Strana 79
... trial she gave evidence tending to show a waiver or estoppel on the part of the defendant from interposing this defense on account of an investigation instituted by the defendant's supreme council in the month following Jennings ...
... trial she gave evidence tending to show a waiver or estoppel on the part of the defendant from interposing this defense on account of an investigation instituted by the defendant's supreme council in the month following Jennings ...
Strana 84
... trial , appears in the record as follows : " When called to see other members of the family , and not to Charles H. Jennings professionally , simply observed that he did not have the appearance of a healthy man , or rather a man in full ...
... trial , appears in the record as follows : " When called to see other members of the family , and not to Charles H. Jennings professionally , simply observed that he did not have the appearance of a healthy man , or rather a man in full ...
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affidavit agent agreement alleged amended amount answer appellant application assessment assignment authority bank cause of action certificate chap Civil Procedure claim clause clerk Code of Civil commissioners complaint concurred contract county treasurer Court in favor damages death deceased defendant defendant's demurrer entered entitled evidence ex rel executors fact foreclosure FOURTH DEPARTMENT George Wagner grade granted held Impleaded indorsed injunction interest issued Judgment affirmed judgment debtor jurisdiction jury land lease lien MARCH TERM Matter ment mortgage motion O'Brien opinion owner paid party payment person plaintiff premises proceedings provisions question railroad company real estate real property received recover refused relator respondent reversed Special Term statute street supra Supreme Court Surrogate's Court sustained testator testified testimony therein thereof thereto THIRD DEPARTMENT tion town of Ulysses trial trust verdict Visscher wife witness writ York
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Strana 512 - Under pretense of regulating fares and freights, the state cannot require a railroad corporation to carry persons or property without reward : neither can it do that which in law amounts to a taking of private property for public use without Just compensation, or without due process of law.
Strana 263 - I hereby appoint sole executrix of this my last will and testament ; hereby revoking all former wills by me made.
Strana 539 - That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Strana 109 - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Strana 228 - Where an appeal is taken upon the facts, the appellate court has the same power to decide the questions of fact, which the surrogate had ; and it may, in its discretion, receive further testimony or documentary evidence, and appoint a referee.
Strana 387 - County Courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousand County Courts Art. VI, § 14 dollars. The Legislature may hereafter enlarge or restrict the jurisdiction of the County Courts...
Strana 495 - The absolute ownership of personal property shall not be suspended by any limitation or condition, for a longer period than during the continuance and until the termination of not more than two lives in being at the date of the instrument containing such limitation or condition; or, if such instrument be a will, for not more than two lives in being at the death of the testator...
Strana 390 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Strana 193 - Contractor , the Owner shall have the right to retain out of any payment then due or thereafter to become due an amount sufficient to completely indemnify against such lien or claim.
Strana 213 - And the court, following the New York case, said further : "A demurrer on the ground that the plaintiff has not legal capacity to sue would be bad, because it does not appear upon the face of the complaint that the plaintiff has not.