The New York Supreme Court Reports: Cases Determined in the Supreme Court of New York [1873-1875], Volume 4John D. Parsons, 1874 |
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Results 1-5 of 82
Page 17
... facts and evidence in the case which the court then decided . The one chiefly relied upon to sustain the contract in ... fact exists . " Id . 644. But even this does not extend as far as the purposes of the plaintiff's case require , in ...
... facts and evidence in the case which the court then decided . The one chiefly relied upon to sustain the contract in ... fact exists . " Id . 644. But even this does not extend as far as the purposes of the plaintiff's case require , in ...
Page 28
... facts were not in dispute . " And yet the fact required for the proper presentation of the questions of law , which was found to be controlling in the case , was one which did require to be proved , and it was proved by the deposition ...
... facts were not in dispute . " And yet the fact required for the proper presentation of the questions of law , which was found to be controlling in the case , was one which did require to be proved , and it was proved by the deposition ...
Page 62
... facts , and the questions arising thereon , are stated in the opinion . J. M. Davy and J. C. Cochrane , for plaintiff in error . Geo . Raines , district attorney , for the people . GILBERT , J. The prisoner was convicted of having ...
... facts , and the questions arising thereon , are stated in the opinion . J. M. Davy and J. C. Cochrane , for plaintiff in error . Geo . Raines , district attorney , for the people . GILBERT , J. The prisoner was convicted of having ...
Page 66
... facts set up in the answer . The plaintiff's counsel objected , on the ground that the facts offered to be proved consti- tuted no defense . The court sustained the objection and excluded the evidence , and directed a verdict for the ...
... facts set up in the answer . The plaintiff's counsel objected , on the ground that the facts offered to be proved consti- tuted no defense . The court sustained the objection and excluded the evidence , and directed a verdict for the ...
Page 67
... fact ) that the con- sideration was received by the defendant . So understood , the defense does not contravene the admission , but is merely one sub modo , and is qualified by the facts stated in the answer . These facts were offered ...
... fact ) that the con- sideration was received by the defendant . So understood , the defense does not contravene the admission , but is merely one sub modo , and is qualified by the facts stated in the answer . These facts were offered ...
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Common terms and phrases
action was brought adverse possession affidavit agreement alleged amount answer appeal application arrest assessment assignment attorney authority Bank of N. Y. Barb bill bonds cause of action certiorari charge claim Clark commissioners complaint contract contractors corporation costs court creditors Davis debt decision deed defendant defendant's counsel demurrer denied entered entitled evidence ex rel exception execution facts favor fraud granted ground held indorsed issued judge Judgment affirmed juror jury justice liable lien marriage Mayor ment mortgage motion Northern Indiana Railroad notice objection owner oyer and terminer paid parties payable payment person petition plaintiff plaintiff in error possession presented president proceedings promissory note purchase purpose question Railroad Co railroad company reason received recover referee refused respondent reversed special term statute sufficient sustained taken testator thereof tion town trial trust void Wehrum Wend York
Popular passages
Page 155 - ... it shall then be the duty of the state court to accept the surety, and proceed no further in the cause...
Page 84 - Immediate delivery and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees In good faith...
Page 332 - Every law which imposes, continues or revives a tax shall distinctly state the tax and the object to which it is to be applied, and it shall not be sufficient to refer to any other law to fix such tax or object.
Page 536 - In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.
Page 320 - The assent of two-thirds of the members elected to each branch of the Legislature, shall be requisite to every bill appropriating the public moneys or property for local or private purposes.
Page 324 - Bureau," and the chief officer thereof shall be the " Auditor of Accounts." It shall revise, audit, and settle all accounts in which the city is concerned as debtor or creditor; it shall keep an account of each claim for or against the Corporation, and of the sums allowed upon each, and certify the same, with the reasons for the allowance, to the Comptroller.
Page 486 - Whether the party thus misrepresenting a fact, knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial, for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Page 163 - In an action or defense founded upon an instrument for the payment of money only, it shall be sufficient for a party to give a copy of the instrument, and to state that there is due to him thereon from the adverse party a specified sum which he claims.
Page 409 - But if the contract of marriage is such in essentials, as to be contrary to the law of the country of domicile, and it is declared void by that law, it is to be regarded as void in the country of domicile, though not contrary to the law of the country in which it was celebrated.
Page 332 - No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.