Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 73New 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, Alvah S. Newcomb, James Newton Fiero Lawyers Co-operative Publishing Company, 1879 |
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Page 3
... tion is not one of jurisdiction , but upon the facts presented , the court is to determine whether the attachment ought to issue , and this is so when the motion is founded upon the alleged insufficiency of the affidavit , upon which ...
... tion is not one of jurisdiction , but upon the facts presented , the court is to determine whether the attachment ought to issue , and this is so when the motion is founded upon the alleged insufficiency of the affidavit , upon which ...
Page 33
... tion ceased , as is claimed by the plaintiff , on the strength of the opinion in Ex parte Lange ( supra ) , as commented upon Ex parte Parks ( 93 U. S. R. , 18 ) , and that all subsequent to that was coram non judice , and void ; still ...
... tion ceased , as is claimed by the plaintiff , on the strength of the opinion in Ex parte Lange ( supra ) , as commented upon Ex parte Parks ( 93 U. S. R. , 18 ) , and that all subsequent to that was coram non judice , and void ; still ...
Page 36
... tion ? ( See Striker v . Mott , 6 Wend . , 465. ) For these reasons we are of the opinion that the defendant is protected by his judicial character from the action brought by the plaintiff . We have not gone into a written consider ...
... tion ? ( See Striker v . Mott , 6 Wend . , 465. ) For these reasons we are of the opinion that the defendant is protected by his judicial character from the action brought by the plaintiff . We have not gone into a written consider ...
Page 56
... tion of written instruments inter partes . There words of con- dition will be construed into words of covenant , when such is the apparent intent and meaning of the parties . ( Huff v . Nickerson , 27 Maine , 106 ; Paschall v . Passmore ...
... tion of written instruments inter partes . There words of con- dition will be construed into words of covenant , when such is the apparent intent and meaning of the parties . ( Huff v . Nickerson , 27 Maine , 106 ; Paschall v . Passmore ...
Page 57
... tion and meaning . A text - book says : " The form of the proviso is often used to express condition , but if ' affirma- tively , unless ' negatively , are preferable . " ( Gael on Legal Composition , 69. ) Nor are instances lacking in ...
... tion and meaning . A text - book says : " The form of the proviso is often used to express condition , but if ' affirma- tively , unless ' negatively , are preferable . " ( Gael on Legal Composition , 69. ) Nor are instances lacking in ...
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Common terms and phrases
action was brought adverse possession agent agreement alleged ALLEN amount ANDREWS APPEAL from judgment appellant April 16 Argued April assignment authority bank Barb bond chap charge CHURCH claim complaint concur consent contract corporation county treasurer court of equity creditors damages debt decided April deed defendant defendant's delivered EARL entitled evidence Ex parte Lange ex rel executed FOLGER granted held indorsed intended interest issued judge Judgment affirmed judicial department jurisdiction jury land liable lien loss March 19 March 26 ment MILLER mortgage mortgagor negligence Opinion owner paid Paige parties payment person possession premises proceedings property insured provision question RAPALLO Raritan bay receipt received recover referee replevin respondent reversed SICKELS.-VOL Special Term Statement Staten Island statute subrogation supra Supreme Court thereof tion trial trustee valid void Wend XXVIII Yates county
Popular passages
Page 143 - ... this insurance, as to the interest of the mortgagee (or trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner...
Page 33 - But where jurisdiction over the subject-matter is invested by law in the judge, or in the court which he holds, the manner and extent in which the jurisdiction shall be exercised are generally as much questions for his determination as any other questions involved in the case, although upon the correctness of his determination in these particulars the validity of his judgments may depend.
Page 23 - ... and at the same time, and as a part of the same judicial act and order, passed judgment anew upon the plaintiff, and resentenced him to be imprisoned for the term of one year.
Page 454 - If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other is apportioned to each Item to be performed, or is left to be implied by law, such a contract will generally be held to be severable...
Page 481 - ... shall be considered as a net single premium of temporary insurance, and the term for which it will insure shall be determined according to the age of the party at the time of the lapse of premium, and the assumptions of mortality and interest aforesaid.
Page 25 - ... judges of courts of superior or general jurisdiction are not liable to civil actions for their judicial acts, even when such acts are in excess of their jurisdiction, and are alleged to have been done maliciously or corruptly.
Page 68 - No milk which is watered, adulterated, reduced or changed in any respect by the addition of water or other substance, or by the removal of cream, shall be brought into...
Page 100 - Appeal from judgment of the General Term of the Supreme Court, in the Fourth Judicial Department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury (reported below, 14 Hun, 396).
Page 143 - ... under all the securities held as collateral to the mortgage debt to the extent of such payment, but such subrogation shall not impair the right of the mortgagee to recover the full amount of his claim...
Page 104 - That the trustees deliberately, and with knowledge of the real value of the property, overvalued it and paid in stock for it an amount which they knew was in excess of its actual value.