Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 51 |
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Page xxxv
... Ground , etc. , . Mayor .... 15 Wend . 374 . 199 P. Paine v . Aldrich ... 133 N. Y. 547 .. 116 Painton v . Northern Central Railway 83 N. Y. 7 . } 266 Co .... Palmerton v . Huxford .. 4 Den . 166 ... 330 Parker v . Day ..... Parsons v ...
... Ground , etc. , . Mayor .... 15 Wend . 374 . 199 P. Paine v . Aldrich ... 133 N. Y. 547 .. 116 Painton v . Northern Central Railway 83 N. Y. 7 . } 266 Co .... Palmerton v . Huxford .. 4 Den . 166 ... 330 Parker v . Day ..... Parsons v ...
Page 4
... grounds ( 1 ) that the article was not libelous per se ; ( 2 ) that there was no evidence that it was published , and ... ground that there was no evidence that it was published with malice uniess the court held that it was not libelous ...
... grounds ( 1 ) that the article was not libelous per se ; ( 2 ) that there was no evidence that it was published , and ... ground that there was no evidence that it was published with malice uniess the court held that it was not libelous ...
Page 31
... ground that the defendant had been accustomed to place cars without defective brakes upon the trestle , and that plaintiff's intestate relied upon the belief that such custom would be continued . It is apparent that such ground of ...
... ground that the defendant had been accustomed to place cars without defective brakes upon the trestle , and that plaintiff's intestate relied upon the belief that such custom would be continued . It is apparent that such ground of ...
Page 34
... grounds ; SPRING , J. , concurred in result in memorandum ; LAUGHLIN , J. , dissented . SPRING , J. ( concurring ) : I concur in the reversal on the ground that the proof does not satisfactorily establish that there was an unvarying ...
... grounds ; SPRING , J. , concurred in result in memorandum ; LAUGHLIN , J. , dissented . SPRING , J. ( concurring ) : I concur in the reversal on the ground that the proof does not satisfactorily establish that there was an unvarying ...
Page 51
... ground that her services belonged to her husband . The judgment was reversed , and the court , after quoting the statutes extending the rights of married women , says : " Under these statutes if a married woman , with the knowledge of ...
... ground that her services belonged to her husband . The judgment was reversed , and the court , after quoting the statutes extending the rights of married women , says : " Under these statutes if a married woman , with the knowledge of ...
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action alleged amended amount appellant application APRIL TERM assessment bank bonds Brooklyn BROOKLYN HEIGHTS RAILROAD Catholic Benevolent Legion cause of action chap chapter charge Civil Procedure claim clerk Code of Civil complaint concurred contract corporation costs and disbursements Court in favor damages death deceased decree defendant defendant's denied DIV.-VOL dollars costs duty entered entitled evidence ex rel executor fact filed FOURTH DEPARTMENT granted held Impleaded injury John Lavery Judgment affirmed Judgment and order jury lease liability Manila hemp Matter ment mortgage motion negligence Ogdensburg opinion Order affirmed party payment person petition plaintiff premises proceedings question Railroad Company recover referee Respondent SECOND DEPARTMENT Special Term statute street Supreme Court surrogate Surrogate's Court testator testified testimony thereof THIRD DEPARTMENT tion town trial trust verdict votes William witness Yonkers York YORK ex rel
Popular passages
Page 66 - Granting to any corporation, association or individual the right to lay down railroad tracks...
Page 285 - ... 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, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 308 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law or Of which he might have availed himself at law but was prevented by fraud or accident, unmixed with any fault or See 17 OTTO. i negligence in himself or his agents, will justify ; an application to a court of chancery.
Page 66 - But no law shall ^ -authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 415 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 479 - If the court or judge finds the sureties sufficient he must indorse his allowance of them upon the undertaking, or a copy thereof, and a notice of the allowance must be served upon the attorney for the exceptant. The effect of a failure so to justify and procure an allowance, is the same as if the undertaking had not been given.
Page 50 - Woman. —A married woman has all the rights in respect to property, real or personal, and the acquisition, use, enjoyment and disposition thereof, and to make contracts in respect thereto with any person, including her husband, and to carry on any business, trade or occupation, and to exercise all powers and enjoy all rights in respect thereto and in respect to her contracts, and be liable on such contracts as if she were unmarried; but a husband and wife can not contract to alter or dissolve the...
Page 215 - The shareholders of every national banking association shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts and engagements of such association, to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares...
Page 201 - ... it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.
Page 145 - ... is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.