Albany Law Journal, Volume 41Weed, Parsons & Company, 1890 |
From inside the book
Results 1-5 of 86
Page 3
... party . To permit the pro- ceeding to pass without comment would be to es- tablish a dangerous precedent , and one calculated ** * * - to give rise to gross abuses . The justice observed that to be an American citizen was a great ...
... party . To permit the pro- ceeding to pass without comment would be to es- tablish a dangerous precedent , and one calculated ** * * - to give rise to gross abuses . The justice observed that to be an American citizen was a great ...
Page 6
... parties were corporations . Ruger , C. J. , said : It is unneces- sary to discuss this proposition with much fulness , as ... party carrying on the business shall have received some privilege , right or franchise from the sovereign power ...
... parties were corporations . Ruger , C. J. , said : It is unneces- sary to discuss this proposition with much fulness , as ... party carrying on the business shall have received some privilege , right or franchise from the sovereign power ...
Page 25
... party who does not stand in that relation to the party in- jured , the very philosophy of the requirement of greater care is that he shall be answerable for omitting any duty - which the law has defined as his rule and guide , and will ...
... party who does not stand in that relation to the party in- jured , the very philosophy of the requirement of greater care is that he shall be answerable for omitting any duty - which the law has defined as his rule and guide , and will ...
Page 33
... parties is by a re- formation or rectification of the writing , and this is a remedy for any party to the written contract , unless the statute of frauds prevents . The remedy when the written contract does not express the understanding ...
... parties is by a re- formation or rectification of the writing , and this is a remedy for any party to the written contract , unless the statute of frauds prevents . The remedy when the written contract does not express the understanding ...
Page 34
... party defrauded . The law concerning the reformation of contracts on the ground of mutual mistake is well stated in ... parties , by proof that is entirely exact and satis- factory ( Andrews v . Insurance Co. , 3 Mason , 10 ) ; and this ...
... party defrauded . The law concerning the reformation of contracts on the ground of mutual mistake is well stated in ... parties , by proof that is entirely exact and satis- factory ( Andrews v . Insurance Co. , 3 Mason , 10 ) ; and this ...
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Common terms and phrases
action affirmed agent alleged appellant appellee apply assignment authority bank bonds carrier cause cause of action charge cited citizen Civil Procedure claim common carrier common law Constitution contract corporation Court of Appeals court of equity creditors crime damages debt decision declared defendant defendant's duty eminent domain entitled equity evidence execution exercise fact fendant granted held husband indorsement injury Insurance judge judgment judicial jury Justice land legislative Legislature liable license lien ment Mercer county N. Y. Supp negligence opinion owner paid party passenger payment person plaintiff plaintiff in error present privilege punishment purchaser purpose question Railroad Co railroad company reason received regulate rendered respondent rule Second Division statute street supra Supreme Court testator tion trial trust void wife Wilkinson & Co York
Popular passages
Page 336 - Foolishness is bound in the heart of a child; but the rod of correction shall drive it far from him (xxii.
Page 258 - Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action. 2d. Every law that aggravates a crime, or makes it greater than it was, when committed.
Page 73 - No corporation shall be created by special laws, or its charter extended, changed or amended, except those for charitable, educational, penal or reformatory purposes, which are to be and remain under the patronage and control of the state, but the general assembly shall provide, by general laws, for the organization of all corporations hereafter to be created.
Page 166 - ... shall be such as shall be prescribed by the legislative assembly: provided, that the right of suffrage and of holding office shall be exercised only by citizens of the United States...
Page 52 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Page 166 - ... human sacrifices were a necessary part of religious worship, would it be seriously contended that the civil government under which he lived could not interfere to prevent a sacrifice? Or if a wife religiously believed it was her duty to burn herself upon the funeral pile of her dead husband, would it be beyond the power of the civil government to prevent her carrying her belief into practice?
Page 249 - State two years and six months, and declared his intention as aforesaid, and every civilized male inhabitant of Indian descent, a native of the United States, and not a member of any tribe...
Page 114 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Page 325 - That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement, for a continuous carriage or shipment...
Page 52 - The property which every man has in his own labor, as it is the original foundation of all other property, so it is the most sacred and inviolable.