Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 86 |
From inside the book
Results 1-5 of 100
Page 12
... held and which the court in such cases examines to see if there is any evidence of guilt , rather than because any warrant for such practice can be found in the Code of Civil Procedure . In cases of conviction , however , the inquiry ...
... held and which the court in such cases examines to see if there is any evidence of guilt , rather than because any warrant for such practice can be found in the Code of Civil Procedure . In cases of conviction , however , the inquiry ...
Page 15
... Held , that , as the complaint had been framed and the action tried upon the theory of negligence , the question whether the defendants were liable upon the theory of a trespass should not be determined ; That the evidence was ...
... Held , that , as the complaint had been framed and the action tried upon the theory of negligence , the question whether the defendants were liable upon the theory of a trespass should not be determined ; That the evidence was ...
Page 33
... held only as security , the plaintiff would still be entitled to the relief sought . What evidence is sufficient to warrant a finding that a bill of sale , absolute in form , executed by one partner to another of the vendor partner's ...
... held only as security , the plaintiff would still be entitled to the relief sought . What evidence is sufficient to warrant a finding that a bill of sale , absolute in form , executed by one partner to another of the vendor partner's ...
Page 48
... held to be good , although its terms were scarcely broader than in the Sutphen case It was in one aspect , however , distinguishable therefrom , as is pointed out in the opinion in the latter case , and also by the learned court below ...
... held to be good , although its terms were scarcely broader than in the Sutphen case It was in one aspect , however , distinguishable therefrom , as is pointed out in the opinion in the latter case , and also by the learned court below ...
Page 62
... held , in effect , that a railroad company which by condemnation proceedings sought to acquire only a por- tion of a landowner's premises , was only liable to pay the value of the land taken and the damages sustained by reason of the ...
... held , in effect , that a railroad company which by condemnation proceedings sought to acquire only a por- tion of a landowner's premises , was only liable to pay the value of the land taken and the damages sustained by reason of the ...
Other editions - View all
Common terms and phrases
alleged amount appellant attorney authority bank BARTLETT cause of action certificate chap charge Civil Procedure claim clerk Code of Civil commissioners complaint concurred contract corporation costs and disbursements counsel Court in favor court of equity creditors death deceased defendant defendant's denied directed dollars costs entered entitled evidence ex rel executor fact FOURTH DEPARTMENT GOODRICH held Henry Whitmore HIRSCHBERG Impleaded issue JENKS and HOOKER Judgment and order JULY TERM jury Kings County lien Matter ment mortgage motion Narrowsburg negligence opinion Order affirmed owner paid parties payment petitioner plaintiff premises proceeding proof question real estate reason received recover referred relator respondent reversed rule SECOND DEPARTMENT Special Term statute supra Supreme Court Surrogate's Court testator testified thereof tion town of Hempstead trial trust verdict wife William witness WOODWARD York
Popular passages
Page 171 - ... vested by operation of law with the title of the bankrupt, as of the date he was adjudged a bankrupt, except in so far as it is to property which is exempt...
Page 476 - ... shall be required, before commencing such work, to execute the usual penal bond, with good and sufficient sureties, with the additional obligation that such contractor or contractors shall promptly make payments to all persons supplying him or them with labor and materials in the prosecution of the work provided for in such contract...
Page 288 - ... shall be deemed a transfer taxable under the provisions of this chapter in the same manner as though the property to which such appointment relates belonged absolutely to the donee of such power and had been bequeathed or devised by such donee by will...
Page 289 - When property is transferred in trust or otherwise and the rights, interests or estates of the transferees are dependent upon contingencies or conditions whereby they may be wholly or in part created, defeated, extended or abridged, a tax shall be imposed upon...
Page 347 - But every one has a right to demand that lie be governed by general rules; and a special statute which, without his consent, singles his case out as one to be regulated by a different law from that which is applied in all similar cases, would not be legitimate legislation, but would be such an arbitrary mandate as is not within the province of free government.
Page 363 - For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence enabsence, while employed in the service of the United States ; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas ; nor while a student of any seminary of learning...
Page 141 - ... shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof whose conveyance shall be first duly recorded.
Page 706 - Whenever any person or corporation shall exercise a power of appointment derived from any disposition of property made either before or after the passage of this act, such appointment when made shall be deemed a transfer taxable under the provisions of this act in the same manner as though the property to which such appointment relates belonged absolutely to the donee of such power and had been bequeathed or devised by such donee by will...
Page 445 - ... witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him...
Page 353 - Persons who actually abandon their wives or children, without adequate support, or leave them in danger of becoming a burden upon the public, or who neglect to provide for them according to their means ; 2.