Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volum 33 |
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Side 22
... ment and order appealed from and direct a new trial . All concurred . Judgment and order reversed on the exception and a new trial ordered , with costs to the appellant to abide the event . App . Div . ] FOURTH DEPARTMENT , JULY TERM 22 ...
... ment and order appealed from and direct a new trial . All concurred . Judgment and order reversed on the exception and a new trial ordered , with costs to the appellant to abide the event . App . Div . ] FOURTH DEPARTMENT , JULY TERM 22 ...
Side 42
... ment which constitutes a plaintiff's cause of action is void upon its face , an objection to it must necessarily be taken by answer or demurrer , and we are unwilling to establish any such practice . ( Carling v . Purcell , 46 N. Y. St ...
... ment which constitutes a plaintiff's cause of action is void upon its face , an objection to it must necessarily be taken by answer or demurrer , and we are unwilling to establish any such practice . ( Carling v . Purcell , 46 N. Y. St ...
Side 43
... ment of the Supreme Court in favor of the defendants , entered in the office of the clerk of the county of Onondaga on the 20th day of December , 1897 , upon the decision of the court , rendered after a trial at the Onondaga Special ...
... ment of the Supreme Court in favor of the defendants , entered in the office of the clerk of the county of Onondaga on the 20th day of December , 1897 , upon the decision of the court , rendered after a trial at the Onondaga Special ...
Side 45
... ment should become bondholders and stockholders , and that the interest in the said property should be distributed among the said persons in the said agreement . " These allegations are followed by the averment that the agree- ment ...
... ment should become bondholders and stockholders , and that the interest in the said property should be distributed among the said persons in the said agreement . " These allegations are followed by the averment that the agree- ment ...
Side 46
... ment to which these defendants were parties ; ( 2 ) an intent to injure the plaintiff or his assignor thereby , and ( 3 ) damage resulting therefrom . These elements , we are of the opinion , do constitute a cause of action , provided ...
... ment to which these defendants were parties ; ( 2 ) an intent to injure the plaintiff or his assignor thereby , and ( 3 ) damage resulting therefrom . These elements , we are of the opinion , do constitute a cause of action , provided ...
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Vanlige uttrykk og setninger
A. S. Holmes affidavit agreement alimony alleged amended amount appellant application appointed assignment attorney AUGUST TERM authority bank Brewster & Co cause of action charge charter Civil Procedure claim clerk commissioners Company complaint concurred contract contributory negligence corporation costs and disbursements creditors damages deceased deed defendant defendant's denied DIV.-VOL dollars costs duty entitled evidence ex rel execution fact firm FOURTH DEPARTMENT granted held Impleaded injury intention Judgment affirmed JULY TERM jury justices Kings County Legislature liability Matter mayor ment mortgage motion negligence OCTOBER TERM opinion Order affirmed Order reversed paid partnership party payment person plaintiff police premises proceedings question reason received recover referred Respondent rule RUMSEY SECOND DEPARTMENT Special Term statute street Supreme Court Surrogate's Court ten dollars costs testator thereof tion trial trustee verdict XXXIII York YORK ex rel
Populære avsnitt
Side 176 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Side 174 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Side 532 - The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election a,fter the happening of the vacancy.
Side 482 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation...
Side 97 - Commonwealth that no private action, unless authorized by express statute, can be maintained against a city for the neglect of a public duty imposed upon it by law for the benefit of the public, and from the performance of which the corporation receives no profit or advantage.
Side 192 - CD, of &.C., my true and lawful attorney, for me, and in my name...
Side 69 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, '• you have the right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.
Side 102 - No act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason of his having been in such condition.
Side 494 - No gift, grant, or devise to religious, educational, charitable or benevolent uses, which shall in other respects be valid under the Laws of this state, shall be deemed invalid by reason of the indefiniteness or uncertainty of the persons designated as the beneficiaries thereunder in the instrument creating the same.
Side 205 - ... 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.