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Reports of Cases Heard and Determined in the Appellate Division ..., Volum 105
Uten tilgangsbegrensning - 1905
accident adverse possession affidavits alimony alleged amount appellant applied appointed arbitrator attorney authority award bank boiler bonds cause of action charge child Civil Procedure claim clerk Code of Civil complaint concurred condition contract contributory negligence corporation costs and disbursements counsel creditors death deceased December Term deed defendant defendant's delivered denied Div.—Vol dollars costs Dorthy duty entered entitled evidence ex rel execution executors fact Fourth Department granted held husband hydrostatic test Impleaded injury intestate issue Judgment affirmed jurisdiction jury Leet liable lien ment Monroe county mortgage motion negligence opinion Order affirmed paid party payment person Pickert plaintiff possession premises question Railroad reason received recover damages referred refused Respondent reversed rule Sallie Barnes Special Term statute street sui juris Supreme Court testator testified testimony thereof tion trust verdict wife Williams witness York
Side 584 - Payments by counties, cities, towns and villages to charitable, eleemosynary, correctional and reformatory institutions, wholly or partly under private control, for care, support and maintenance, may be authorized, but shall not be required by the Legislature. No such payments shall be made for any inmate of such institutions who is not received and retained therein pursuant to rules established by the state board of charities. Such rules shall be subject to the control of the Legislature by general...
Side 115 - Where there has been an actual continued occupation of premises, under a claim of title, exclusive of any other right, but not founded upon a written instrument, or a judgment or decree, the premises so actually occupied, and no others, are deemed to have been held adversely.
Side 109 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained unless it shall appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within five years before the commencement of the action.
Side 31 - The executor or administrator of a decedent, who has left, him or her surviving, a husband, wife, or next of kin, may maintain an action to recover damages for a wrongful act. neglect, or default, by which the decedent's death was caused, against a natural person who, or a From Id.
Side 192 - It Is certainly a maxim that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other to have contradicted.
Side 109 - For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: 1.
Side 541 - ... except for incompetency or misconduct shown after a hearing upon due notice, upon stated charges and with the right to such employee or appointee to a review by a writ of certiorari.
Side 472 - After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.
Side 587 - This section shall not, however, prevent the legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper. Nor shall it apply to any fund or property now held, or which may hereafter be held, by the state for educational purposes.
Side 66 - The electors of the several towns, shall, at their annual town meeting, and in such manner as the Legislature may direct, elect justices of the peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term.