Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 153New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyers Co-operative Publishing Company, 1897 |
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Page 16
... duty of the court , where it deems the evi- dence insufficient to warrant a conviction , to advise the jury to acquit ( 410 ) , and the jury must then obey the advice . The court may , undoubtedly , do this of its own motion , and the ...
... duty of the court , where it deems the evi- dence insufficient to warrant a conviction , to advise the jury to acquit ( 410 ) , and the jury must then obey the advice . The court may , undoubtedly , do this of its own motion , and the ...
Page 23
... duty in such a case as this is altogether other than when the judgment appealed from is one of death . All concur with O'BRIEN , J. , for reversal , except GRAY , J. , who reads memorandum of dissent . Judgment reversed . Statement of ...
... duty in such a case as this is altogether other than when the judgment appealed from is one of death . All concur with O'BRIEN , J. , for reversal , except GRAY , J. , who reads memorandum of dissent . Judgment reversed . Statement of ...
Page 24
... duty to avoid the attack if in his power to do so , and the right of attack for the purpose of self - defense does not arise until he has done everything in his power to avoid its necessity . 2. HOMICIDE COMMITTED IN SELF - DEFENSE ...
... duty to avoid the attack if in his power to do so , and the right of attack for the purpose of self - defense does not arise until he has done everything in his power to avoid its necessity . 2. HOMICIDE COMMITTED IN SELF - DEFENSE ...
Page 31
... duty to avoid the attack if in his power to do so , and the right of attack for the purpose of self - defense does not arise until he has done everything in his power to avoid its necessity . ( People v . Sullivan , 7 N. Y. 396 ; People ...
... duty to avoid the attack if in his power to do so , and the right of attack for the purpose of self - defense does not arise until he has done everything in his power to avoid its necessity . ( People v . Sullivan , 7 N. Y. 396 ; People ...
Page 34
... duty of the court to exercise the utmost care to present the case to the jury impartially , and cite Sindram v . People ( 88 N. Y. 196 , 202 ) and McKenna v . People ( 81 N. Y. 360 , 362 ) as sustain- ing that claim . That it was the duty ...
... duty of the court to exercise the utmost care to present the case to the jury impartially , and cite Sindram v . People ( 88 N. Y. 196 , 202 ) and McKenna v . People ( 81 N. Y. 360 , 362 ) as sustain- ing that claim . That it was the duty ...
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action affirmed a judgment alleged Appellate Division application appointed Argued June assignment authority Bank Barb BARTLETT charge Civil Procedure claim clause clerk Code Civ concur consent contract corporation court of equity creditors crime death debt deceased decedent decided June decided October deed defendant defendant's duty entered entitled evidence ex rel executors fact held indictment intended Judgment affirmed judgment in favor judicial department June 22 jury justice land legatee legislature marriage MARTIN Mayor ment mortgage motion N. Y. Rep O'BRIEN Ontario county Opinion parties payment plaintiff Points of counsel police possession proceedings proof provisions question railroad reason receiver residuary respondent reversed Rogers rule Special Term statute Statute of Limitations street Supreme Court surrogate Surrogate's Court testator testified testimony thereof Third Avenue Railroad tion transaction trial trust VANN verdict wife witness YORK ex rel
Popular passages
Page 196 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Page 481 - no suit, either at law or in equity, shall be maintainable in any court between an assignee in bankruptcy and a person claiming an adverse interest, touching any property or rights of property transferable to or vested in jjuch assignee, unless brought within two years from the time when the cause of action accrued for or against such assignee.
Page 35 - After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.
Page 464 - 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.
Page 595 - The connection of the individuals in the unlawful enterprise being thus shown, every act and declaration of each member of the confederacy in pursuance of the original concerted plan and with reference to the common object is, in contemplation of law, the act and declaration of them all, and is therefore original evidence against each of them.
Page 129 - Upon the trial of an action, or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through or under whom such a party or Interested person derives his interest or title, by assignment or otherwise, shall not be examined as a witness, in his own behalf or interest, or in behalf of the party succeeding to his title or interest...
Page 547 - But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of onehalf in value of the property bounded on, and the consent also of the local authorities having the control of that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 227 - When the transfer is by will or by the intestate laws of this State, from any person dying, seized or possessed of the property while a resident of the State. 2. When the transfer is by will or intestate laws of property within the State and the decedent was a non-resident of the State at the time of his death.
Page 193 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Page 418 - ... therein, as to show an intention not to make such provision; and no other evidence to rebut the presumption of such revocation, shall be received. § 36. Will of unmarried woman. A will executed by an unmarried woman, shall be deemed revoked by her subsequent marriage.