Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 79 |
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Page xxxiii
... CONSTITUTION CITED . PAGE . PAGE . C. S. Const . art . 1 , § 5 , subd . 1 .... 625 U. S. Const . 14th amendt . § 1 .. 17 , 18 404 , 408 UNITED STATES REVISED STATUTES CITED . U. S. R. S. § 1977 ... U. S. R. S. § 5128 . PAGE . 17 ...
... CONSTITUTION CITED . PAGE . PAGE . C. S. Const . art . 1 , § 5 , subd . 1 .... 625 U. S. Const . 14th amendt . § 1 .. 17 , 18 404 , 408 UNITED STATES REVISED STATUTES CITED . U. S. R. S. § 1977 ... U. S. R. S. § 5128 . PAGE . 17 ...
Page 15
... Constitutions . In determining the reasonableness of a statute the court is at liberty to con- sider the established usages , customs and traditions of the people and to have in view the promotion of their comfort and the preservation ...
... Constitutions . In determining the reasonableness of a statute the court is at liberty to con- sider the established usages , customs and traditions of the people and to have in view the promotion of their comfort and the preservation ...
Page 17
... Constitution has the right to adopt and follow such lawful industrial pursuit , not injurious to the community , as he may see fit . The term ' liberty , ' as used in the Constitution , is not dwarfed into mere freedom from physical ...
... Constitution has the right to adopt and follow such lawful industrial pursuit , not injurious to the community , as he may see fit . The term ' liberty , ' as used in the Constitution , is not dwarfed into mere freedom from physical ...
Page 19
... constitutional guaranties . This is not a new statute of frauds , dealing alike with all persons ; it is an attempt ... Constitution already alluded to in this discussion . The extent and limits of what is known as the police power have ...
... constitutional guaranties . This is not a new statute of frauds , dealing alike with all persons ; it is an attempt ... Constitution already alluded to in this discussion . The extent and limits of what is known as the police power have ...
Page 61
... Constitution , and the comp- troller is not justified in refusing to pay the sum directed to be paid by the statute until a like sum paid to the volunteer fire company in the previous year under the original charter ( Laws of 1897 ...
... Constitution , and the comp- troller is not justified in refusing to pay the sum directed to be paid by the statute until a like sum paid to the volunteer fire company in the previous year under the original charter ( Laws of 1897 ...
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Common terms and phrases
affirmed agreement alleged amended amount appellant appointed assessment authority Bank cause of action chap charge cited Civil Procedure claim clerk Code of Civil commissioners common council complaint concurred Constitution contract contributory negligence corporation costs counsel Court in favor creditor deceased decree deed defendant defendant's discharge duty engine entered entitled evidence ex rel executor fact FOURTH DEPARTMENT George W Grand Trunk Railway granted held HIRSCHBERG injury intestate issue JANUARY TERM jury Legislature liable lumber ment milk motion municipality negligence opinion owner paid parties payment person plaintiff premises proceeding proof provision purpose question railroad reason received referred respondent reversed rule SECOND DEPARTMENT Special Term statute street Supreme Court Surrogate's Court thereof THIRD DEPARTMENT tion town transfer verdict warranty wife writ writ of mandamus York YORK ex rel
Popular passages
Page 18 - ... the right of the citizen to be free in the enjoyment of all his faculties ; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary and essential to his carrying out to a successful conclusion the purposes above mentioned.
Page 397 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
Page 585 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 183 - All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose.
Page 632 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 200 - ... shall be elected by the electors, of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct Section 3.
Page 256 - A thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers, and such construction ought to be put upon it as does not suffer it to be eluded.
Page 376 - ... and issue stock to the amount of the value thereof in payment therefor, and the stock so issued shall be...
Page 19 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Page 20 - To justify the state in thus interposing its authority in behalf of the public it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference ; and, second, that the means are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals.