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 5
... necessary for their support and maintenance ; all accounts for which shall be presented to the county auditor , to be examined by him , as prescribed in this act . " If directed by the board of supervisors , with or without the ...
... necessary for their support and maintenance ; all accounts for which shall be presented to the county auditor , to be examined by him , as prescribed in this act . " If directed by the board of supervisors , with or without the ...
Side 14
... necessary to refer briefly to some of the salient facts of the case . While the contract in question called for the erection of the monument in the month of May , 1893 , it was not in fact finished and placed in position until the very ...
... necessary to refer briefly to some of the salient facts of the case . While the contract in question called for the erection of the monument in the month of May , 1893 , it was not in fact finished and placed in position until the very ...
Side 27
... necessary to seek a haven of safety , and to keep the steam up and the pumps working in order to prevent the vessel sinking . It also appears that some 2,500 bar- rels of the kerosene oil were jettisoned , and that a large number of ...
... necessary to seek a haven of safety , and to keep the steam up and the pumps working in order to prevent the vessel sinking . It also appears that some 2,500 bar- rels of the kerosene oil were jettisoned , and that a large number of ...
Side 28
... necessary insurance , which , as we have seen , was accomplished the following day , the underwriters , as well as Hitchcock , being in entire ignorance of the actual condition of the vessel at the time the contract of insurance was ...
... necessary insurance , which , as we have seen , was accomplished the following day , the underwriters , as well as Hitchcock , being in entire ignorance of the actual condition of the vessel at the time the contract of insurance was ...
Side 32
... necessary that such objection be taken by answer or demurrer . APPEAL by the defendants , McKinnon Dash and Hardware Com- pany , Limited , and others , from a judgment of the Supreme Court in favor of the plaintiff , entered in the ...
... necessary that such objection be taken by answer or demurrer . APPEAL by the defendants , McKinnon Dash and Hardware Com- pany , Limited , and others , from a judgment of the Supreme Court in favor of the plaintiff , entered in the ...
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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 fees 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 statute street Supreme Court Surrogate's Court ten dollars costs Term and entered testator thereof tion trial trustee verdict XXXIII 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.