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). |
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Page xxxiii
... cause to the jury , charged that defendant was presump- tively negligent in being upon the side of the street where the collision occurred ; yet , that it was incumbent upon the part of the plaintiff to establish that such negligence ...
... cause to the jury , charged that defendant was presump- tively negligent in being upon the side of the street where the collision occurred ; yet , that it was incumbent upon the part of the plaintiff to establish that such negligence ...
Page 10
... cause of action which might exist belong to the surviving trustee under said trust deed , and not to plaintiff . While these facts do not change the legal obligation of the parties , it bears upon the equity of the application and ...
... cause of action which might exist belong to the surviving trustee under said trust deed , and not to plaintiff . While these facts do not change the legal obligation of the parties , it bears upon the equity of the application and ...
Page 28
... caused the machine to start and set the saw in mo- tion . Of this defect the plaintiff testified he had no notice , al ... cause it to start , or to occasion any apprehension that it was liable to do so without the use of the usual means ...
... caused the machine to start and set the saw in mo- tion . Of this defect the plaintiff testified he had no notice , al ... cause it to start , or to occasion any apprehension that it was liable to do so without the use of the usual means ...
Page 42
... cause of action for negligence , and the learned counsel for the defend- ant is right in claiming that the words unlawful and wrongful are synonymous . It follows , therefore , that when the plaintiff's counsel asked to go to the jury ...
... cause of action for negligence , and the learned counsel for the defend- ant is right in claiming that the words unlawful and wrongful are synonymous . It follows , therefore , that when the plaintiff's counsel asked to go to the jury ...
Page 50
... cause it existed in the justice of the supreme court at chambers when the powers of that officer at chambers were conferred upon county judges . We are not of that opinion . The powers of the county judge alter with the alteration of ...
... cause it existed in the justice of the supreme court at chambers when the powers of that officer at chambers were conferred upon county judges . We are not of that opinion . The powers of the county judge alter with the alteration of ...
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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.