The New York Supplement, Volume 102West Publishing Company, 1907 |
From inside the book
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Page 63
... jury is not held to the same strictness with respect to ad- mission of evidence that a trial court is , and an indictment will be sus- tained on motion to quash if there was evidence before the grand jury sufficient to support a ...
... jury is not held to the same strictness with respect to ad- mission of evidence that a trial court is , and an indictment will be sus- tained on motion to quash if there was evidence before the grand jury sufficient to support a ...
Page 64
... jury , all that it was necessary for the people to show was that this property was in the possession of an officer ( the sheriff ) , under a process of law ( the execution ) , and that a person took the property from the custody of the ...
... jury , all that it was necessary for the people to show was that this property was in the possession of an officer ( the sheriff ) , under a process of law ( the execution ) , and that a person took the property from the custody of the ...
Page 65
juries cannot be confined to technical rules of evidence . Hope v . People , 83 N. Y. 418 , 38 Am . Rep . 460 ; People v . Edwards , 25 N. Y. Supp . 480. " A court will not look behind the return of the grand jury , and set aside an ...
juries cannot be confined to technical rules of evidence . Hope v . People , 83 N. Y. 418 , 38 Am . Rep . 460 ; People v . Edwards , 25 N. Y. Supp . 480. " A court will not look behind the return of the grand jury , and set aside an ...
Page 79
... jury no fact tending to show that the plaintiff had sustained any permanent injury . They were per- mitted to express an opinion without stating to the jury any fact upon which it was based . If we assume that their evidence was based ...
... jury no fact tending to show that the plaintiff had sustained any permanent injury . They were per- mitted to express an opinion without stating to the jury any fact upon which it was based . If we assume that their evidence was based ...
Page 90
... jury . They were within the evidence and were not objected to . The jury followed them and rendered a verdict for $ 3,200 . It will be seen that the learned trial judge made a mistake of $ 200 in totalling . This with interest from ...
... jury . They were within the evidence and were not objected to . The jury followed them and rendered a verdict for $ 3,200 . It will be seen that the learned trial judge made a mistake of $ 200 in totalling . This with interest from ...
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Common terms and phrases
136 New York 52 Misc affidavit affirmed agreement alleged amended amount Appeal from Special Appellate Division Appellate Term Argued before GILDERSLEEVE Argued before PATTERSON attorney authority Bank cause of action Cent charge Civil Procedure claim Code of Civil complaint concur contract corporation costs counsel creditors damages death deceased defendant defendant appeals defendant's denied dismissed entitled evidence execution executors fact February 11 fendant granted held January 11 January 25 judgment jurisdiction jury Kings County liable lien ment mortgage motion Municipal Court N. Y. Supp Note Note.-For owner paid parties payment person plaintiff premises proceeding purchase question railroad reason received recover referee respondent reversed Special Term statute street supra Supreme Court testator testified testimony thereof tiff tion trial trust company verdict York County York State Reporter
Popular passages
Page 193 - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive...
Page 507 - That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff...
Page 331 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order in his client's favor, and the proceeds thereof in whosesoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after judgment or final order. The court upon the...
Page 509 - The value of securities held by secured creditors shall be determined by converting the same into money according to the terms of the agreement pursuant to which such securities were delivered to such creditors or by such creditors and the trustee, by agreement, arbitration, compromise, or litigation, as the court may direct, and the amount of such value shall be credited upon such claims, and a dividend shall be paid only on the unpaid balance.
Page 113 - Such power of alienation is suspended, when there are no persons in being, by whom an absolute fee in possession can be conveyed.
Page 528 - to exercise exclusive legislation in all cases whatsoever over such district, not exceeding ten miles square, as may by cession of particular states, and the acceptance of Congress, become the seat of government of the United States...
Page 542 - A person who extorts any money or other property from another, under circumstances not amounting to robbery, by means of force or a threat mentioned in the last two sections, is punishable by imprisonment not exceeding five years.
Page 281 - ... may be summoned to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons.
Page 244 - A deposit by one person of his own money, in his own name as trustee for another, standing alone, does not establish an irrevocable trust during the lifetime of the depositor. It is a tentative trust merely, revocable at will, until the depositor dies or completes the gift in his lifetime by some unequivocal act or declaration such as delivery of the passbook or notice to the beneficiary.
Page 573 - Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.