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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Results 1-5 of 100
Page 21
... trial ordered , costs to abide the event . GOODRICH , P. J. , HIRSCHBERG and JENKS , JJ . , concurred ; BART- LETT , J. , concurred in result . Judgment of the Municipal Court reversed and new trial ordered , costs to abide the event ...
... trial ordered , costs to abide the event . GOODRICH , P. J. , HIRSCHBERG and JENKS , JJ . , concurred ; BART- LETT , J. , concurred in result . Judgment of the Municipal Court reversed and new trial ordered , costs to abide the event ...
Page 22
... trial for the September Trial Term to be held in the county of Putnam . On the eighteenth day of September the defendant served an amended answer to the amended complaint , setting up a counterclaim in addition to matters of defense and ...
... trial for the September Trial Term to be held in the county of Putnam . On the eighteenth day of September the defendant served an amended answer to the amended complaint , setting up a counterclaim in addition to matters of defense and ...
Page 38
... trial , the extreme caution demanded of appellate courts in the granting of final judgments makes it improper that we should refuse a new trial in reversing this judg- ment . ( New v . Village of New Rochelle , 158 N. Y. 41 , 43 , and ...
... trial , the extreme caution demanded of appellate courts in the granting of final judgments makes it improper that we should refuse a new trial in reversing this judg- ment . ( New v . Village of New Rochelle , 158 N. Y. 41 , 43 , and ...
Page 40
... trial , and it is difficult to distinguish in principle between that case and the one at bar . There the answer had been served , and the power of the court to grant the bill of particulars to enable the defendant to prepare for trial ...
... trial , and it is difficult to distinguish in principle between that case and the one at bar . There the answer had been served , and the power of the court to grant the bill of particulars to enable the defendant to prepare for trial ...
Page 41
... trial , to be relieved of the burden of proving all of the issuable facts in the case . We think this department is so far in harmony with the first department upon this question that it would be improper to disturb the order appealed ...
... trial , to be relieved of the burden of proving all of the issuable facts in the case . We think this department is so far in harmony with the first department upon this question that it would be improper to disturb the order appealed ...
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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.