Transcript Appeals: The File of Opinions in Cases Argued Before the Court of Appeals of the State of New York During the January Term 1867 from Official Copies, Հատորներ 1-2Transcript Association, 1868 |
From inside the book
Արդյունքներ 100–ի 1-ից 5-ը:
Էջ 27
... charge , and Defendants ' counsel excepted . The Court in substance charged that the Defendants were bound to restore the stream as near as practicable to its former state of usefulness ; and if it had not done so it was still its duty ...
... charge , and Defendants ' counsel excepted . The Court in substance charged that the Defendants were bound to restore the stream as near as practicable to its former state of usefulness ; and if it had not done so it was still its duty ...
Էջ 29
... charged with the duty of restoring the stream to the testator as near as practi- cable to its former usefulness . This ... charge may exceed the whole value of the Opinion by GROVER , J. stream , and thus deprive 1867. ] 29 COTT v . THE ...
... charged with the duty of restoring the stream to the testator as near as practi- cable to its former usefulness . This ... charge may exceed the whole value of the Opinion by GROVER , J. stream , and thus deprive 1867. ] 29 COTT v . THE ...
Էջ 51
... charge the following propositions : First . That the fact that the deceased was a child , makes no difference in the application of the rule of law as to the question of negligence . If not of years of discretion , he should have a ...
... charge the following propositions : First . That the fact that the deceased was a child , makes no difference in the application of the rule of law as to the question of negligence . If not of years of discretion , he should have a ...
Էջ 52
... charge as matter of law , that " if not of years of discretion he should have had a protector . ' This would be a rule quite too rigid . There was no pretence that this boy was so young as to require a protector . The Court did charge ...
... charge as matter of law , that " if not of years of discretion he should have had a protector . ' This would be a rule quite too rigid . There was no pretence that this boy was so young as to require a protector . The Court did charge ...
Էջ 61
... charged that , inasmuch as the death occurred on the De- fendants ' place , where they were in the exclusive occupation ... charge of similar import . These instructions were obviously erroneous . The mere fact that an injury or death on ...
... charged that , inasmuch as the death occurred on the De- fendants ' place , where they were in the exclusive occupation ... charge of similar import . These instructions were obviously erroneous . The mere fact that an injury or death on ...
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Common terms and phrases
action affirmed agent agreement alleged amount appeal applied assessed assigned attesting authority bank Birch & Co bond bottomry Brewster certificate Ch.J charge claim clause commissioners complaint concur contract costs counsel damages debt deceased declared Defendant Defendant's discharge dollars duty easement endorsed entitled error evidence execution executors fact favor held interest issued JOEL TIFFANY judge judgment jury land liable ment mortgage negligence nonsuit notice Opinion by BOCKES Opinion by DAVIES Opinion by GROVER Opinion by HUNT Opinion by PARKER Opinion by SCRUGHAM owner paid party payment pilotage Plaintiff Plaintiff in error possession premises present principal prisoner proceedings provision purchase question received recover referee refused rendered replevin Reporter Respondent reversed Special Term statute street Supreme Court sureties testator therein thereof tion trial trust usury verdict vessel void Wend witness York
Սիրված հատվածներ
Էջ 79 - For wrongs done to the property, rights or interests of another, for which an action might be maintained against the wrong-doer, such action may be brought by the person injured, or after his death, by his executors or administrators...
Էջ 268 - ... of notice of acceptance, and the clerk must thereupon enter judgment accordingly. If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence; and if the plaintiff fail to obtain a more favorable judgment he cannot recover costs, but must pay the defendant's costs from the time of the offer...
Էջ 69 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Էջ 174 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Էջ 9 - When the judgment is of death, the court of appeals may order a new trial, If it be satisfied that the verdict was against the weight of evidence or against law, or that justice requires a new trial, whether any exception shall have been taken or not in the court below.
Էջ 228 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.
Էջ 123 - The stockholders of every bank or banking association organized under the authority of this state, or of the United States, shall be assessed and taxed on the value of their shares of stock therein...
Էջ 120 - all moneyed or stock corporations deriving an income or profit from their capital, or otherwise, shall be liable to taxation on their capital in the manner hereinafter prescribed.
Էջ 19 - Such subscription shall be made by the testator, in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made, to each of the attesting witnesses.
Էջ 381 - The testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare the instrument so subscribed, to be his last will and testament : 4.