Miscellaneous Reports. Cases Decided in the Courts of Record of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 17Lawyers Co-operative Publishing Company, 1896 "Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly) |
From inside the book
Results 1-5 of 88
Page 54
... jury . The action was brought by the plaintiffs ' firm together with the sheriff in aid of an attachment , and the present defendant was substituted in place of the original defendant , on the alleged ground that he had become the owner ...
... jury . The action was brought by the plaintiffs ' firm together with the sheriff in aid of an attachment , and the present defendant was substituted in place of the original defendant , on the alleged ground that he had become the owner ...
Page 60
... jury and that jury found one way or another thereon , it would be the duty of the court to set aside the verdict of the jury as against the weight of evidence , then a question of law is presented to the court for its determination ...
... jury and that jury found one way or another thereon , it would be the duty of the court to set aside the verdict of the jury as against the weight of evidence , then a question of law is presented to the court for its determination ...
Page 68
... jury and there is evidence sufficient in the case to sustain the findings , even if the two questions and answers objected to are expunged from the record . The appellant's point , " that plaintiff is not the real party in interest ...
... jury and there is evidence sufficient in the case to sustain the findings , even if the two questions and answers objected to are expunged from the record . The appellant's point , " that plaintiff is not the real party in interest ...
Page 74
... jury on the whole evidence in the case , and upon the request of the defendant's attorney , all of which were charged without exception . For the reasons stated we are impelled to the conclusion that the verdict ought not to stand , and ...
... jury on the whole evidence in the case , and upon the request of the defendant's attorney , all of which were charged without exception . For the reasons stated we are impelled to the conclusion that the verdict ought not to stand , and ...
Page 78
... jury . When the jury retired to deliberate , the counsel for one of the par- ties , without the knowledge of the other counsel , handed to the officer in charge of them some exhibits , among which was a paper which had not been admitted ...
... jury . When the jury retired to deliberate , the counsel for one of the par- ties , without the knowledge of the other counsel , handed to the officer in charge of them some exhibits , among which was a paper which had not been admitted ...
Contents
49 | |
52 | |
83 | |
104 | |
117 | |
148 | |
176 | |
215 | |
493 | |
530 | |
557 | |
562 | |
591 | |
640 | |
647 | |
705 | |
239 | |
268 | |
347 | |
369 | |
389 | |
464 | |
715 | |
726 | |
731 | |
764 | |
775 | |
785 | |
Other editions - View all
Common terms and phrases
17 Misc affidavit affirmed agreement alleged amount Appellate Term application assignment attorney authority Bank Barb BISCHOFF cause of action certificate chap charge City Court claim Code complaint concur contract corporation costs counsel creditors DALY debt deceased deed defendant defendant's denied entitled evidence ex rel execution executor fact favor ground held intention interest issued Jacob Sharpe judgment July June jurisdiction jury justice Koster & Bial's lease letters testamentary liability license lien liquors Matter MCADAM ment mortgage motion N. Y. St N. Y. Supp Negus Oneida County Onondaga County owner paid parties payment person petitioner plaintiff premises proceedings proof question recover relator Repr respondent reversed Special Term statute Steinway & Sons street Supreme Court Surrogate's Court testator testified testimony thereof Thomas Cornell tion town trustee Ulster County verdict witnesses York
Popular passages
Page 454 - ... together with the appurtenances and all the estate and rights of the party of the first part in and to said premises.
Page 594 - There must be reasonable evidence of negligence ; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 189 - The above instrument, consisting of two pages, was, at the date thereof, signed sealed published and declared, by the said Oliver Murray, as and for ^ his last will and testament, in presence of us, who, at his request and in his presence, and in the presence of each other have subscribed our names as witnesses thereto Henry V.
Page 324 - Every contract for the leasing for a longer period than one year, .or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.
Page 539 - By the law of the land, is most clearly intended, the general law; a law, which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Page 560 - ... if the party to be examined shall be a female she shall be entitled to have such examination before physicians or surgeons of her own sex.
Page 715 - A judgment that the defendant pay a fine, may also direct that he be imprisoned until the fine be satisfied, in the proportion of one day's imprisonment for every dollar of the fine.
Page 108 - Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made to each of the attesting witnesses.
Page 124 - In an action brought by or against a corporation, the complaint must aver that the plaintiff, or the defendant, as the case may be, is a corporation ; must state •whether it is a domestic corporation or a foreign corporation ; and, if the latter, the State, country, or government, by or under whose laws it was created.
Page 38 - A child, when adopted, may take the family name of the 'person adopting. After adoption the two shall sustain towards each other the legal relation of parent and child, and have all the rights and be subject to all the duties of that relation.