Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 176New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyers Co-operative Publishing Company, 1904 |
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Page 1
... judgment , or grant either party any relief , which the Supreme Court might render or grant in a like case ; " and so the general jurisdiction to entertain common - law actions , where the demand for judgment in the complaint does not ...
... judgment , or grant either party any relief , which the Supreme Court might render or grant in a like case ; " and so the general jurisdiction to entertain common - law actions , where the demand for judgment in the complaint does not ...
Page 3
... judgment against the plaintiff for more than $ 2,000 . The County Court overruled . the demurrer and gave judgment upon the issue of law in favor of the defendant . The Appellate Division has reversed this judgment , by a divided court ...
... judgment against the plaintiff for more than $ 2,000 . The County Court overruled . the demurrer and gave judgment upon the issue of law in favor of the defendant . The Appellate Division has reversed this judgment , by a divided court ...
Page 4
... judgment thereon . The facts set forth by the defendant in that part of the answer amount to an allegation that the plaintiff did not perform the contract sued upon , and that in itself is matter of defense . But the demurrer deals with ...
... judgment thereon . The facts set forth by the defendant in that part of the answer amount to an allegation that the plaintiff did not perform the contract sued upon , and that in itself is matter of defense . But the demurrer deals with ...
Page 5
... judgment on the plaintiff's claim , but no power to try or give judgment on the defendant's counterclaim , although it arises out of the very transaction stated in the complaint , and the only reason for this contention is that it is ...
... judgment on the plaintiff's claim , but no power to try or give judgment on the defendant's counterclaim , although it arises out of the very transaction stated in the complaint , and the only reason for this contention is that it is ...
Page 6
... judgment for a sum of money not exceeding $ 2,000 , but to cases where the counterclaim contained in the answer does not exceed the same amount . This conclusion is the result of argument and analogy quite outside the words of the ...
... judgment for a sum of money not exceeding $ 2,000 , but to cases where the counterclaim contained in the answer does not exceed the same amount . This conclusion is the result of argument and analogy quite outside the words of the ...
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affirmed agent alleged amount Appellate Division appointed assignment authority Bank BARTLETT board of education Brewster & Co Byram Byram River cause of action charge charter city of Rochester claim Clare commenced commissioners compel complaint concur Constitution contract conviction corporation costs court of equity creditors Culbert damages deceased decided October deed defendant defendant's entered entitled evidence ex rel facts grade grant HAIGHT held highway issue judgment judicial department jurisdiction jury land legislature liability lien Matter Mayor ment municipal N. Y. Rep O'BRIEN October 30 owner paid PARKER party payment person plaintiff pond proceedings provisions purpose question railroad company reason received recover relator respondent reversed revolver rule Special Term Statement statute street Supreme Court surety testified thereof tion town trial court trust VANN verdict village White Plains wife witness York
Popular passages
Page 666 - 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 211 - ... the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.
Page 495 - ... 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 103 - That every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed ; but such suit shall be subject to the general equity jurisdiction of the court in which such receiver or manager was appointed, so far as the same shall be necessary to the ends of justice.
Page 289 - When the judgment is of death the court of appeals may order a new trial, if it be satisfied that the verdict „ was against the weight of evidence or against law, or that justice requires a new trial, whether any exception shall have been taken or not, in the court below.
Page 316 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts, whether allowable in full or in part, except such as (1) are due as a tax levied by the United States, or any State, county, district, or municipality; (2) are liabilities for obtaining money or property by false pretenses or false representations...
Page 316 - State, county, district, or municipality in which he resides; (2) are liabilities for obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another...
Page 210 - ... that no law shall be passed abridging the freedom of speech or of the press, or the rights of the people to peaceably assemble and petition the Government for a redress of grievances; that no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed.
Page 316 - ... have not been duly scheduled in time for proof and allowance, with the name of the creditor, if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy...
Page 96 - When committed either by the party about to be injured or by another person in his aid or defense, in preventing or attempting to prevent an offense against his person, or a trespass or other unlawful interference with real or personal property in his lawful possession, if the force or violence used is not more than sufficient to prevent such offense; 4.