Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 23New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Edward Jordan Dimock, Hiram Edward Sickels, Edmund Hamilton Smith, Louis J. Rezzemini, Edwin Augustus Bedell, James Newton Fiero, Alvah S. Newcomb Lawyers Co-operative Publishing Company, 1867 |
From inside the book
Results 1-5 of 88
Page 8
... Term , and for each succeeding January Term , shall stand as the Calendar for the entire year . Causes noticed and placed upon the Calendar for the January Term of any year , shall be considered as noticed for all the subsequent terms ...
... Term , and for each succeeding January Term , shall stand as the Calendar for the entire year . Causes noticed and placed upon the Calendar for the January Term of any year , shall be considered as noticed for all the subsequent terms ...
Page 19
... terms of each of the two wills . If the last will was pronounced against , the other , it was thought , would be ... term , upon exceptions taken at the trial , or after motion to set aside the verdict . But it is otherwise where the ...
... terms of each of the two wills . If the last will was pronounced against , the other , it was thought , would be ... term , upon exceptions taken at the trial , or after motion to set aside the verdict . But it is otherwise where the ...
Page 28
... term in the second district , and the plaintiff appealed therefrom to this court . E. W. Chester , for the appellant . Amasa J. Parker , for the respondent . COMSTOCK , Ch . J. There is a most inconvenient uncertainty as to the rule of ...
... term in the second district , and the plaintiff appealed therefrom to this court . E. W. Chester , for the appellant . Amasa J. Parker , for the respondent . COMSTOCK , Ch . J. There is a most inconvenient uncertainty as to the rule of ...
Page 31
... term of credit , of longer or shorter dura- tion , is given to the maker , but yet a term not to be ascertained by an actual presentment and demand , then a question forever arises : what is that period of credit ? And this is a ...
... term of credit , of longer or shorter dura- tion , is given to the maker , but yet a term not to be ascertained by an actual presentment and demand , then a question forever arises : what is that period of credit ? And this is a ...
Page 47
... term , upon the appeal there , puts the right to recover upon the sole question whether the propulsion of the ice ... term consistently declares that the charge was more favora- ble to the defendants than the law would warrant . The ...
... term , upon the appeal there , puts the right to recover upon the sole question whether the propulsion of the ice ... term consistently declares that the charge was more favora- ble to the defendants than the law would warrant . The ...
Contents
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Common terms and phrases
43 Elizabeth according action affirmed amount Anson G appeal apply appointed assent assessed authority bank bequest bonds Cattaraugus reservation Caujolle Cayuga county Chancery charity cited claimed clause Commissioners of Taxes common law contract corporation Court of Chancery creditors death debt debtor deceased declared defendant devise domicil effect entitled evidence executed executors exempt fact Ferrié fund Girons granted held indorser intended interest intestate Jeanne judge judgment jurisdiction jury land legislature liable marriage ment mortgage opinion Panama Railroad Company parties payable payment personal estate Pinner plaintiff possession principle proceedings provisions purchase purpose question Railroad Company real estate referred resident respect respondent rule says Seneca Nation SMITH.-VOL Supreme Court taxation term testator's tion town Town of Genoa Town of Sterling trial trust usury Valentin valid void wife witness York York Central Railroad
Popular passages
Page 485 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 228 - The general doctrine is not controverted, that although movables are for many purposes to be deemed to have no situs, except that of the domicile of the owner, yet this being but a legal fiction it yields whenever it is necessary, for the purpose of justice, that the actual situs of the thing should be examined.
Page 204 - The sovereignty of a state extends to everything which exists by its own authority, or is introduced by its permission; but does it extend to those means which are employed by congress to carry into execution powers conferred on that body by the people of the United States?
Page 14 - All that can be truly said is, that if a person, whether attorney or not, prepares a will with a legacy to himself, it is, at most, a suspicious circumstance of more or less weight, according to the facts of each particular case...
Page 441 - ... bearing a rate of interest not exceeding seven per cent per annum, payable semiannually, which bonds shall be substantially in the following form : No.
Page 467 - March 3, 1818 (Revision, p. 294), which permits a recovery by the personal representatives of the decedent, for the benefit of the widow and next of kin, of the pecuniary loss resulting to them from such death.
Page 150 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 403 - The universal doctrine now recognized by the common law is, that succession to personal property is governed, exclusively, by the law of the actual domicil of the intestate at the time of his death.
Page 485 - ... although the death shall have been caused under such circumstances as amount in law to felony.
Page 228 - Story, in his commentaries just cited, " although movables are for many purposes to be deemed to have no situs, except that of the domicil of the owner, yet this being but a legal fiction, it yields, whenever it is necessary for the purpose of justice that the actual situs of the thing should be examined.