Reports of Cases Argued and Determined in the Commission of Appeals of the State of New York, Հատոր 140New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyer's Co-Operative Publishing Company, 1894 |
Այլ խմբագրություններ - View all
Common terms and phrases
action agreement alleged amount APPEAL from judgment appellant applied assignment attorney authority Bank Barb board of health certificate chap claim clause Code Civ concur contract court of equity creditors damages death deceased December 12 decided November 28 decree defendant defendant's directed Dyett entered entitled equity evidence executed executors facts foreign corporation fund held income injury intended interest judgment in favor judicial department jury land lease letters testamentary liable lien Mackay MAYNARD ment mortgage N. Y. Rep nuisance O'BRIEN October 24 Opinion paid Paige parties payment PECKHAM peremptory challenges plaintiff possession provisions purchase purpose question real estate real property received recover replevin residuary estate respondent settlor share SICKELS-VOL Special Term Statement statute Stokes Supreme Court Surrogate's Court testator's thereof Tienken tion trial trust valid vested Waldo Hutchins Wend Yonkers
Սիրված հատվածներ
Էջ 92 - After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.
Էջ 118 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Էջ 118 - June [1677] all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Էջ 211 - Where rights are infringed, where fundamental principles are overthrown, where the general system of the laws is departed from, the legislative intention must be expressed with irresistible clearness to induce a court of justice to suppose a design to effect such objects.
Էջ 517 - And as to all the rest, residue, and remainder of my estate, both real and personal, I give, devise, and bequeath the same unto Anne, the Lady of Sir Thomas Mantell, knt.
Էջ 5 - Buffalo, shall have the power, and it shall be its duty, " to receive \ and examine into the nature of complaints made by any of \ the inhabitants concerning nuisances or causes of danger or injury to life and health within the limits of its jurisdiction...
Էջ 74 - The plaintiff sought to recover the value of such work as an item of damages, but the court held that the measure of damages was the difference between the value of the oxen at the time of the conversion and their value at the time they were retaken by the plaintiff.
Էջ 134 - No essential element of the crime can be omitted without destroying the whole pleading. The omission cannot be supplied by intendment or implication, and the charge must be made directly, and not inferentially, or by way of recital.
Էջ 255 - Whenever, however, the relations between the contracting parties appear to be of such a character as to render it certain that they do not deal on terms of equality, but that either on the one side from superior knowledge of the matter derived from a fiduciary relation, or from overmastering influence, or on the other from weakness, dependence or trust justifiably reposed, unfair advantage in a transaction is rendered probable...
Էջ 538 - When, in consequence of a valid limitation of an expectant estate, there is a suspension of the power of alienation, or of the ownership, during the continuance of which the rents and profits are undisposed of, and no valid direction for their accumulation is given, such rents and profits shall belong to the persons presumptively entitled to the next eventual estate.