Reports of Cases Heard and Determined in the Supreme Court of the State of New York, Volume 62Banks & Bros., 1890 |
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Results 1-5 of 88
Page 7
... question covered the whole issue as to testamentary capacity , and the answer of the witness expressed his opinion on the only question in dispute , that the evidence was incompetent . That , as the question was not limited to an ...
... question covered the whole issue as to testamentary capacity , and the answer of the witness expressed his opinion on the only question in dispute , that the evidence was incompetent . That , as the question was not limited to an ...
Page 9
... question : What can you say as to the com- petency of Mr. McCarthy to make a will ? Which the witness answered by saying : " Well , sir , I could not say . " asked : What can you say as to whether he was of not ? To this he answered ...
... question : What can you say as to the com- petency of Mr. McCarthy to make a will ? Which the witness answered by saying : " Well , sir , I could not say . " asked : What can you say as to whether he was of not ? To this he answered ...
Page 10
... question propounded , for the inquiry was not limited to an expression of the opinion of the witness as to the sanity of the testator at the time of the execution of the will so as to bring the case within the rule stated in Hewlett v ...
... question propounded , for the inquiry was not limited to an expression of the opinion of the witness as to the sanity of the testator at the time of the execution of the will so as to bring the case within the rule stated in Hewlett v ...
Page 12
... question : Where did you get your instructions from to draw the will ? This was objected to as being in violation of the same provision of the statutes , and the objection was sustained unless the instructions came from some other ...
... question : Where did you get your instructions from to draw the will ? This was objected to as being in violation of the same provision of the statutes , and the objection was sustained unless the instructions came from some other ...
Page 13
... question upon the proofs presented by this record , if that question need to be passed upon in disposing of this appeal . We have concluded , however , to reverse the decree and remit the proceedings to the surrogate of Ontario county ...
... question upon the proofs presented by this record , if that question need to be passed upon in disposing of this appeal . We have concluded , however , to reverse the decree and remit the proceedings to the surrogate of Ontario county ...
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Common terms and phrases
affidavit alleged amended amount appellant application appointed assessment assignment authority Bank bond Byron G cause of action Civil Procedure claim clerk commissioners complaint concurred contract corporation costs and disbursements costs to abide court creditors damages Dansville death debt debtor deceased DECEMBER TERM defendant defendant's demurrer dollars costs duty Dykman entered entitled evidence ex rel execution executors fact FEBRUARY TERM FIFTH DEPARTMENT foreclosure FOURTH DEPARTMENT George Belknap granted held HUN-VOL IMPLEADED injury intention interest JANUARY TERM judge Judgment affirmed jury land legislature liable lien Matter ment mortgage motion objection Onondaga county Order affirmed owner paid party payment plaintiff possession premises proceedings provisions question Railroad Company reason received recover referee Respondent rule SECOND DEPARTMENT Seneca Nation Special Term statute street testator thereof tion trial trustee Westchester county wife York York ex rel
Popular passages
Page 133 - When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.
Page 547 - In any matter relating to this insurance, no person, unless duly authorized in writing, shall be deemed the agent of this company.
Page 519 - The conclusion to be deduced from the authorities is, that where power is given to public officers in the language of the act before us, or in equivalent language, whenever the public interest or individual rights call for its exercise, the language used, though permissive in form, is, in fact, peremptory.
Page 72 - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body, by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
Page 27 - To the refusal of the court to charge as requested, and to the charge as given, the prisoner excepted.
Page 513 - Where the facts can be placed before a jury, and they are of such a nature that jurors generally are just as competent to form opinions in reference to them and draw inferences from them as witnesses, then there is no occasion to resort to expert or opinion evidence.
Page 556 - ... be recovered in an action brought by the attorney-general in the name of the people of...
Page 66 - And several grants and promises made of fines and forfeitures, before any conviction or judgment against the persons, upon whom the same were to be levied.
Page 11 - An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment...
Page 324 - Act (Laws 1882, chap. 410, § 55) provides a.follows : '•Any person holding office, whether by election or appointment, who shall, during his term of office, accept, hold or retain any other civil office of honor, trust, or emolument, under the government of the United States...