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 85–ի 1-ից 5-ը:
Էջ 7
... conclusion that the prisoner was watching to see if he was observed , and believed that he was , then his conduct clearly evinced such evidence of calculation and design as conclusively showed that he was not at that time at least ...
... conclusion that the prisoner was watching to see if he was observed , and believed that he was , then his conduct clearly evinced such evidence of calculation and design as conclusively showed that he was not at that time at least ...
Էջ 20
... conclude the parties as regards that ques- tion . Besides , it has been the constant practice of Courts of review to reverse judgments and orders granted without jurisdic- tion . This is often the only way in which the records of the ...
... conclude the parties as regards that ques- tion . Besides , it has been the constant practice of Courts of review to reverse judgments and orders granted without jurisdic- tion . This is often the only way in which the records of the ...
Էջ 42
... conclusions of law the Plaintiff excepted . Judgment dismissing the complaint was rendered , which , upon appeal , was reversed , and a new trial ordered by the General Term , from which judgment the Defendants appealed to this Court ...
... conclusions of law the Plaintiff excepted . Judgment dismissing the complaint was rendered , which , upon appeal , was reversed , and a new trial ordered by the General Term , from which judgment the Defendants appealed to this Court ...
Էջ 43
... conclusion of the learned Court below . It was held by that Court that this , so far as the Plaintiff's right to interest is concerned , must be regarded in the nature of an annuity or income . It has always been the rule that an ...
... conclusion of the learned Court below . It was held by that Court that this , so far as the Plaintiff's right to interest is concerned , must be regarded in the nature of an annuity or income . It has always been the rule that an ...
Էջ 47
... conclude for the purposes of this question , giving no signal of its approach . Al- though , if the Plaintiff had stopped at a point nearer the track , he might have seen the train , his not doing so is not necessarily negligence . The ...
... conclude for the purposes of this question , giving no signal of its approach . Al- though , if the Plaintiff had stopped at a point nearer the track , he might have seen the train , his not doing so is not necessarily negligence . The ...
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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.