Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volum 96 |
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Side 3
... jury affirming the existence thereof ren- dered in an action in the Supreme Court , if tried before a jury , would be set aside by the court as against the weight of evidence ( Code Civ . Proc . § 2140 ) , and if this be true then the ...
... jury affirming the existence thereof ren- dered in an action in the Supreme Court , if tried before a jury , would be set aside by the court as against the weight of evidence ( Code Civ . Proc . § 2140 ) , and if this be true then the ...
Side 6
... jury rendered by direction of the court after a trial at the New York Trial Term . William W. Niles , for the appellant . Wilson M. Powell , Jr. , for the respondents . MCLAUGHLIN , J .: This appeal is from a judgment entered on a ...
... jury rendered by direction of the court after a trial at the New York Trial Term . William W. Niles , for the appellant . Wilson M. Powell , Jr. , for the respondents . MCLAUGHLIN , J .: This appeal is from a judgment entered on a ...
Side 33
... jury should be charged as to the several degrees of murder , and not that the accused is guilty of certain specified degrees or none . In view of the fact that homicide may constitute either murder , manslaughter , excusable homicide or ...
... jury should be charged as to the several degrees of murder , and not that the accused is guilty of certain specified degrees or none . In view of the fact that homicide may constitute either murder , manslaughter , excusable homicide or ...
Side 34
... jury in reaching the conclusion which it did , and we would have no difficulty in affirming the judgment were it not for a serious error committed by the trial judge . He charged the jury that they should find the defendant guilty of ...
... jury in reaching the conclusion which it did , and we would have no difficulty in affirming the judgment were it not for a serious error committed by the trial judge . He charged the jury that they should find the defendant guilty of ...
Side 35
... jury what were the various degrees of homicide . Under the instruction given the jury was prohibited from doing what the Legislature of the State has said it might do , viz . , find the defendant not guilty of the crime charged in the ...
... jury what were the various degrees of homicide . Under the instruction given the jury was prohibited from doing what the Legislature of the State has said it might do , viz . , find the defendant not guilty of the crime charged in the ...
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abide event alleged amended amount appellant to abide bank bond Buffalo Furnace Company cause of action certificate chap charge Civil Procedure claim clerk Code of Civil commissioners complaint concurred construction contract corporation costs and disbursements damages deceased defendant defendant's denied dissented dollars costs elevator entered entitled evidence ex rel executors facts FOURTH DEPARTMENT granted Impleaded injury Interurban Street Railway issued Judgment and order JULY JUNE jury lease liability Matter ment Metropolitan Street Railway mortgage motion negligence O'BRIEN opinion Order affirmed paid party payment person plaintiff premises prior proceeding purchase question Railroad Company reason recover relator Respondent Retsof reversed rule statute Supreme Court Surrogate's Court testator testified testimony therein thereof Third Avenue Railroad THIRD DEPARTMENT Thomas H tion trustee Twenty-third Street Railway Union Iron verdict witness York York ex rel
Populære avsnitt
Side 197 - ... no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal investigation or pro/ceeding.
Side 582 - ... together with the appurtenances and all the estate and rights of the party of the first part in and to said premises.
Side 215 - ... any improper materials used in its construction, or by or on account of any act or omission of the said contractor or his agents...
Side 197 - ... him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, before said Commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding...
Side 604 - Tunnygate, against the form of the statute in such case made and provided, and against the peace of the People of the State of New York and their dignity.
Side 390 - And where a person, not a party to the action, has an interest in the subject thereof, or in real property, the title to which may in any manner be affected by the judgment, and makes application to the court to be made a party, it must direct him to be brought in by the proper amendment.
Side 200 - ... no person shall be excused from attending and testifying, or producing any books, papers or other documents before any court or magistrate, upon any investigation, proceeding or trial...
Side 670 - ... attorney, which shall not be less than ten days, and may be extended by the court or a justice thereof. Such writ shall be returnable to a special term of the supreme court of the judicial district in which the assessment complained of was made.
Side 604 - ... or without the consent of her father, mother, guardian or other person having legal charge of her person, for the purpose of marriage: or, 2.
Side 29 - Upon indictment for offense consisting of different degrees, jury may convict of any degree, or of any attempt to commit the offense. Upon an indictment for a crime consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto, or of an attempt to commit the crime.