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, Volúmenes3-4Transcript Association, 1868 |
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Página 14
... sufficient could be seen by attention , while passing along in the wagon , to have pre- vented the collision . It is conceded that , if the intestate's negli- gence contributed to the injury received , he cannot recover , although the ...
... sufficient could be seen by attention , while passing along in the wagon , to have pre- vented the collision . It is conceded that , if the intestate's negli- gence contributed to the injury received , he cannot recover , although the ...
Página 18
... sufficient to pay the legacies , the deficit is to be deducted in proportion to the sums given to each , he makes the amount given to the widow in lieu of dower to depend upon the sufficiency of the estate to pay the legacies given ...
... sufficient to pay the legacies , the deficit is to be deducted in proportion to the sums given to each , he makes the amount given to the widow in lieu of dower to depend upon the sufficiency of the estate to pay the legacies given ...
Página 21
... sufficient to pay the amount of the within named legacies , the deficit shall be deducted there- from in proportion to the sums given to each , " he made the amount of the legacy to his wife conditioned upon the sufficiency of his ...
... sufficient to pay the amount of the within named legacies , the deficit shall be deducted there- from in proportion to the sums given to each , " he made the amount of the legacy to his wife conditioned upon the sufficiency of his ...
Página 25
... sufficient to liquidate the balance due on said bond and mortgage , but that De Mott had never paid the sum over to the Plaintiffs . The Defendants then relied upon the presumption of payment created by the statute . The Revised ...
... sufficient to liquidate the balance due on said bond and mortgage , but that De Mott had never paid the sum over to the Plaintiffs . The Defendants then relied upon the presumption of payment created by the statute . The Revised ...
Página 26
... sufficient to repel the presumption . " The Legislature struck out the words ' competent proof , ' and in place thereof inserted by proof of payment of some part , or by proof of a written acknowledgment of such right of action within ...
... sufficient to repel the presumption . " The Legislature struck out the words ' competent proof , ' and in place thereof inserted by proof of payment of some part , or by proof of a written acknowledgment of such right of action within ...
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Términos y frases comunes
affirmed aforesaid agent agreement alleged amount appeal apply assessors assignment authority bank bill of lading Bostwick Bryan Mullanphy cause of action Ch.J charge claim complaint concur contract conveyance costs counsel creditors debt deceased deed Defendant Defendant's delivered discharge dollars endorsed entitled equity evidence execution executors exempt fact firm fraud ground held interest issue JOEL TIFFANY John Mullanphy Judge judgment jurisdiction jury Lahens land Laurence Mallery liable lien ment mortgage Mullanphy Opinion by BOCKES Opinion by DAVIES Opinion by GROVER Opinion by HUNT Opinion by PARKER paid parties payment Plaintiff PORTER possession premises purchase question real estate received recover referee Respondent Russell Samuel Ward Statement statute suit Supreme Court taxation testator therein thereof Thomas Davenport tiff tion trial trust valid void wife William William H William McClelland witness Womburgh York
Pasajes populares
Página 438 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Página 93 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
Página 312 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Página 144 - Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law...
Página 219 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Página 200 - Know all men by these presents, that I, Zadoc Martin, of the county of Platte. and State of Missouri, for and in consideration of the sum of one dollar to me in hand paid...
Página 502 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Página 147 - ... have in view. Your object is to subjugate the Southern States, and a requisition made upon me for such an object — an object, in my judgment, not within the purview of the Constitution or the Act of 1795 — will not be complied with. You have chosen to inaugurate Civil War, and having done so, we will meet it in a spirit as determined as the Administration has exhibited toward the South.
Página 246 - Where it requires the performance of any other act, a certified copy of the judgment may be served upon the party against whom it is given, or...
Página 26 - And indeed, even in cases of felony at the common law, they are the weakest and most suspicious of all testimony : ever liable to be obtained by artifice, false hopes, promises of favor, or menaces ; seldom remembered accurately, or reported with due precision ; and incapable in their nature of being disproved by other negative evidence.