Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York, Svazek 5Baker, Voorhis & Company, 1876 |
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action was brought affidavit agent agreement alleged allowed amount applied appointed attorney authority bale Bank Barb Benaiah bill of lading board of supervisors bond charge claim common carrier common law complaint concurred consignee contract Court of Appeals court of equity creditors damages decision defendant defendant's delivered discharge duties equity evidence execution facts fendants filed fraudulent Grand Trunk Railroad Heath held indorsement issued J. F. DALY Johns judge Judgment affirmed jury LARREMORE lease levy liable lien mandamus Mayor mechanic's lien ment motion notice Ontario Bank opinion organzine owner paid party payment peace person plaintiff police justices possession premises proceedings provisions purchase question receipt received recognizance recover referee reference rendered rent ROBINSON sheriff Sixth Avenue Railroad sold special term statute Stokes sureties testified testimony thereof tion trial usury void Wend whiskey witness York
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Strana 166 - 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.
Strana 498 - A statement of the facts constituting the cause of action, in ordinary and concise language...
Strana 494 - We think, that in all cases of this nature, the law has invested courts of justice with the authority to discharge a jury from giving any verdict, whenever, in their opinion, taking all the circumstances into consideration, there is a manifest necessity for the act, or the ends of public justice would otherwise be defeated.
Strana 20 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Strana 285 - Motions for rehearing must be accompanied by a brief statement of the reasons for a reconsideration of the cause, and must be founded on papers showing clearly that some question decisive of the case, and duly submitted by counsel, has been overlooked by the court...
Strana 106 - But the rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time...
Strana 20 - Upon the hearing of the appeal, the appellate court shall give judgment according to the justice of the case, without regard to technical errors and defects which do not affect the merits.
Strana 494 - In capital cases especially courts should be extremely careful how they Interfere with any of the chances of life, In favor of the prisoner. But, after all, they have the right to order the discharge; and the security which the public have for the faithful, sound, and conscientious exercise of this discretion rests, in this as In other cases, upon the responsibility of the judges, under their oaths of office.
Strana 546 - ... profits thereof, made with the intent to hinder, delay or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts or demands, and every bond or other evidence of debt given, suit commenced, decree or judgment suffered, with the like intent, as against the persons so hindered, delayed or defrauded, shall be void.
Strana 262 - This incompatibility which shall operate to vacate the first office exists where the nature and duties of the two offices are such as to render it improper, from considerations of public policy, for one person to retain both.