Reports of Cases Decided in the Court of Appeals of the State of New York, Volumen164New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyers Co-operative Publishing Company, 1901 |
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Página 2
... findings in the case it appears that the defendant was the tenant in pos- session , and that , without the consent or authority of the plaintiffs , his cotenants , he quarried large quantities of the trap rock , crushed the same and ...
... findings in the case it appears that the defendant was the tenant in pos- session , and that , without the consent or authority of the plaintiffs , his cotenants , he quarried large quantities of the trap rock , crushed the same and ...
Página 115
... FINDING OF FACT AFTER UNANIMOUS AFFIRMANCE . Findings of fact by the trial court which have been unani- mously affirmed by the Appellate Division cannot be questioned in the Court of Appeals as against evidence or without evidence . 4 ...
... FINDING OF FACT AFTER UNANIMOUS AFFIRMANCE . Findings of fact by the trial court which have been unani- mously affirmed by the Appellate Division cannot be questioned in the Court of Appeals as against evidence or without evidence . 4 ...
Página 120
... findings were unanimously affirmed on appeal , it is not open to the defend- ant to question any of them in this court as against evidence or without evidence . They must be taken as conclusive on the facts . It is quite true that if we ...
... findings were unanimously affirmed on appeal , it is not open to the defend- ant to question any of them in this court as against evidence or without evidence . They must be taken as conclusive on the facts . It is quite true that if we ...
Página 122
... , 111. ) There is evi- dence which would warrant the jury in finding that the plat- N. Y. Rep . ] Opinion of the Court , 122 [ Oct. , MURPHY V. Leggett . McCabe S D & P M R Bonynge McClure v N Y C & H R 67 N Y 417, 424 R R.
... , 111. ) There is evi- dence which would warrant the jury in finding that the plat- N. Y. Rep . ] Opinion of the Court , 122 [ Oct. , MURPHY V. Leggett . McCabe S D & P M R Bonynge McClure v N Y C & H R 67 N Y 417, 424 R R.
Página 124
... Finding the sidewalk thus obstructed the plaintiff , leading , passed up the southerly steps to the plat- form , followed by her companions , and thence along the plat- form to the northerly end , at which place she slipped on some ...
... Finding the sidewalk thus obstructed the plaintiff , leading , passed up the southerly steps to the plat- form , followed by her companions , and thence along the plat- form to the northerly end , at which place she slipped on some ...
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Términos y frases comunes
affirmed agent agreement alleged amount Appellate Division appointed Argued June assignment attorney authority Bank BARTLETT bondholders bonds Brooklyn cause of action charter Civil Procedure claim committee complaint concur Constitution contract corporation counsel court of equity creditor CULLEN damages deceased decided October defendant defendant's Dissenting opinion duty election entered entitled evidence ex rel facts favor Feiock fish fraud HAIGHT highway injury interest Isaacs & Company issue judgment judicial department jurisdiction jury justice LANDON Leary legislature liable Matter ment mortgage motion N. Y. Rep notes O'BRIEN offer of judgment owner PARKER parties person plaintiff primary elections proceeding proof provisions question of law reason recover respondent reversed Robert Boyd rule Special Term Statement statute Supreme Court testator thereof tion trial court trust VANN verdict void Wend witness wood lot York
Pasajes populares
Página 142 - ... Having in his possession, custody, or control, as a bailee, servant, attorney, agent, clerk, trustee, or officer of any person, association, or corporation, or as a public officer, or as a person authorized by agreement, or by competent authority, to hold or take such possession, custody, or control, any money, property, evidence of debt or contract, article of value of any nature, or thing in action or possession, appropriates the same to his own use, or that of any other person other than the...
Página 83 - The Legislature shall not hereafter confer upon any inferior or local court of its creation, any equity jurisdiction or any greater jurisdiction in other respects than is conferred upon County Courts by or under this article.
Página 159 - Where an absolute power of disposition, not accompanied by a trust, is given to the owner of a particular estate for life or for years, such estate is changed into a fee absolute in respect to the rights of creditors, purchasers and incumbrancers, but subject to any future estates limited thereon, in case the power of absolute disposition is not executed, and the property is not sold for the satisfaction of debts.
Página 144 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Página 148 - ... after his death, against his executors or administrators in the same manner and with the like effect in all respects as actions founded upon contract.
Página 112 - 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.
Página 395 - The supreme court, or any justice thereof, within the judicial district, or any county judge within his county, shall have summary jurisdiction, upon complaint of any citizen, to review the determination and acts of such officer, and to make such order in the premises as justice may require...
Página 20 - For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas ; nor while a student of any seminary of learning...
Página 350 - In this speech he advocated the free coinage of silver at the ratio of sixteen to one...
Página 14 - All persons who shall hereafter insure with the said corporation, and also their heirs, executors, administrators and assigns, continuing to be insured in said corporation as hereinafter provided, shall thereby become members thereof, during the period they shall remain insured by said corporation and no longer.