The New York State Reporter, Volume 31W. C. Little., 1890 - Law reports, digests, etc "Containing all the current decisions of the courts of record of New York State, namely: Court of Appeals, Supreme Court, New York Superior Court, New York Common Pleas, Superior Court of Buffalo, City Court of New York, City Court of Brooklyn, and the Surrogates' Courts" (varies slightly). |
From inside the book
Results 1-5 of 86
Page xxxiii
... appeal . Such a result cannot have been contemplated . * * The presumption should be that the jury acted only upon ... appeal said : " This I think took the evidence out of the case , and the exception with it . " The court of appeals ...
... appeal . Such a result cannot have been contemplated . * * The presumption should be that the jury acted only upon ... appeal said : " This I think took the evidence out of the case , and the exception with it . " The court of appeals ...
Page 17
... APPEAL from judgment dismissing_complaint . Fitch & Braunlein , for app'lt ; H. B. Van Peyma , for resp't . TITUS , J. - The question in this case arises in an action com- menced by Manly C. Green , as receiver of the property of John ...
... APPEAL from judgment dismissing_complaint . Fitch & Braunlein , for app'lt ; H. B. Van Peyma , for resp't . TITUS , J. - The question in this case arises in an action com- menced by Manly C. Green , as receiver of the property of John ...
Page 22
... Appeal was taken from such portion of the order as imposed the condition , and , as granted the order if the stipulation was not given . Held , that the por- tion appealed from was so coupled with the other parts of the order as not to ...
... Appeal was taken from such portion of the order as imposed the condition , and , as granted the order if the stipulation was not given . Held , that the por- tion appealed from was so coupled with the other parts of the order as not to ...
Page 23
... appeal from the whole order and the point made available , that if the application was proper it ought not to have been defeated by any such concession coming from the other side . The appeal should be dismissed , with ten dollars costs ...
... appeal from the whole order and the point made available , that if the application was proper it ought not to have been defeated by any such concession coming from the other side . The appeal should be dismissed , with ten dollars costs ...
Page 31
... APPEAL from a judgment of the general term of the supreme court , second department , affirming a judgment entered upon the decision of the Westchester circuit . William J. Bulger , for app'lt ; Porter Norton , for resp't . PER CURIAM ...
... APPEAL from a judgment of the general term of the supreme court , second department , affirming a judgment entered upon the decision of the Westchester circuit . William J. Bulger , for app'lt ; Porter Norton , for resp't . PER CURIAM ...
Other editions - View all
Common terms and phrases
affidavit affirmed agreement alleged amount answer app'lt APPEAL from judgment April 18 assessment assignment authority bonds Caswell cause of action certificate chap charge claim complaint concur contract corporation costs counsel court of appeals creditors damages debt deceased deed defendant defendant's demurrer denied easements entitled evidence ex rel execution executors fact favor fendant foreclosure fraud given held injury intention interest issue judge judgment entered jury land lease legacies liability March 28 MAYHAM ment Minden mortgage motion N. Y. State Rep National Trotting Association negligence notice Ohio Central Railroad owner paid parties payment person plaintiff premises proceedings proof purchase purpose question real estate reason received recover referee reference residuary estate resp't reversed rule special term statute street Supreme Court testator testified testimony thereof tion trial trust verdict wife witness York
Popular passages
Page 813 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 320 - An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment...
Page 748 - ... shall be maintained unless the same shall be commenced within one year after the cause of action therefor shall have accrued...
Page 646 - But no law shall ^ -authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 205 - States, as a day of thanksgiving, or fasting and prayer, or other religious observance, shall, for all purposes whatever as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of" bills of exchange, bank checks and promissory notes, made after the passage of this act, be treated and considered as the first day of the week, commonly called Sunday...
Page 433 - No such partnership shall be deemed to have been formed until a certificate shall have been made, acknowledged, filed and recorded, nor until an affidavit shall have been filed as above directed; and if any false statement be made in such certificate or affidavit all the persons interested in such partnership shall be liable for all the engagements thereof as general partners.
Page 603 - Legislature), unless on presentment or indictment of a grand jury, and in any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions.
Page 525 - ... within the limits of this State, by the erection of the necessary fixtures, including posts, piers or abutments, for sustaining the cords or wires of such lines, provided the same shall not be so constructed as to incommode the public use of said roads or highways...
Page 249 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Page 183 - In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.