Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volum 81

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Side 512 - Under pretense of regulating fares and freights, the state cannot require a railroad corporation to carry persons or property without reward : neither can it do that which in law amounts to a taking of private property for public use without Just compensation, or without due process of law.
Side 263 - I hereby appoint sole executrix of this my last will and testament ; hereby revoking all former wills by me made.
Side 539 - That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Side 109 - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Side 228 - Where an appeal is taken upon the facts, the appellate court has the same power to decide the questions of fact, which the surrogate had ; and it may, in its discretion, receive further testimony or documentary evidence, and appoint a referee.
Side 387 - County Courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousand County Courts Art. VI, § 14 dollars. The Legislature may hereafter enlarge or restrict the jurisdiction of the County Courts...
Side 495 - The absolute ownership of personal property shall not be suspended by any limitation or condition, for a longer period than during the continuance and until the termination of not more than two lives in being at the date of the instrument containing such limitation or condition; or, if such instrument be a will, for not more than two lives in being at the death of the testator...
Side 390 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Side 193 - Contractor , the Owner shall have the right to retain out of any payment then due or thereafter to become due an amount sufficient to completely indemnify against such lien or claim.
Side 213 - And the court, following the New York case, said further : "A demurrer on the ground that the plaintiff has not legal capacity to sue would be bad, because it does not appear upon the face of the complaint that the plaintiff has not.

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