The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and District Courts, Appellate Courts of the Several States, State and City Courts of New York and English Courts, Volume 1McDivitt, Campbell & Company, 1876 - Law reports, digests, etc |
From inside the book
Results 1-5 of 82
Page 6
... evidence that the defendant committed any wrong to the injury of the plaintiff . It is not enough in such a case as this to show a probability of ne- gligence on the part of defendant : there must be the clear evidence of the com ...
... evidence that the defendant committed any wrong to the injury of the plaintiff . It is not enough in such a case as this to show a probability of ne- gligence on the part of defendant : there must be the clear evidence of the com ...
Page 20
... EVIDENCE . Action to remove lien of mortgage . Judg ment may be offered in evidence on an issue , when not pleaded . Res adjudicata . Discretionary power of court below to grant an extra allowance , not appealable . which it determined ...
... EVIDENCE . Action to remove lien of mortgage . Judg ment may be offered in evidence on an issue , when not pleaded . Res adjudicata . Discretionary power of court below to grant an extra allowance , not appealable . which it determined ...
Page 25
New trial on ground of newly discovered evidence . What is not newly discovered evidence . Issues not raised on trial , effect of . VI . Motion for a new trial on the ground of newly discovered evidence . VIII . Speir , J. On a second ...
New trial on ground of newly discovered evidence . What is not newly discovered evidence . Issues not raised on trial , effect of . VI . Motion for a new trial on the ground of newly discovered evidence . VIII . Speir , J. On a second ...
Page 27
... evidence . 2. That there is no ademption or par- tial satisfaction of the share of defendant in the residue under the will , for such holding would be to change the will by parol evidence . Fowkes v . Pascoe . Law Reports , 10 ...
... evidence . 2. That there is no ademption or par- tial satisfaction of the share of defendant in the residue under the will , for such holding would be to change the will by parol evidence . Fowkes v . Pascoe . Law Reports , 10 ...
Page 41
... evidence of the contents of written in- ' that " one of the legal principles govern - struments . But , in any event , the ob- ing cases of this kind , when circumstan- jection to proving the fact was orally tial evidence is relied on ...
... evidence of the contents of written in- ' that " one of the legal principles govern - struments . But , in any event , the ob- ing cases of this kind , when circumstan- jection to proving the fact was orally tial evidence is relied on ...
Contents
xv | |
4 | |
14 | |
82 | |
102 | |
118 | |
135 | |
137 | |
345 | |
369 | |
388 | |
395 | |
399 | |
405 | |
411 | |
412 | |
138 | |
145 | |
151 | |
157 | |
184 | |
195 | |
197 | |
202 | |
203 | |
209 | |
215 | |
218 | |
242 | |
250 | |
255 | |
264 | |
277 | |
283 | |
317 | |
338 | |
418 | |
424 | |
428 | |
435 | |
449 | |
450 | |
451 | |
475 | |
482 | |
508 | |
514 | |
575 | |
1 | |
12 | |
14 | |
25 | |
29 | |
32 | |
36 | |
40 | |
Other editions - View all
Common terms and phrases
action was brought affidavit affirmed agent agreement alleged amend amount application applt appointed April 22 assessment assignment authority Bank bankrupt bankruptcy bill bonds cause cause of action Chap charge City claim complaint concurring contract corporation costs County Court of Appeals Court of Equity creditors damages debt decree deed defendant defendant's demurrer DEPT District entitled equity error evidence execution executors fact fendant filed foreclosure fraud Gen'l granted ground Held interest issue Judge judgment June jurisdiction jury Justice land lease liable lien ment mortgage motion N. Y. Court N. Y. Supreme Court negligence Opinion owner paid parties payment person petition plaintiff plaintiff in error premises proceedings purchase question real estate recover refused respt sold Special Term statute Statute of Frauds struck jury suit testator thereof tiff tion trial trustees usury verdict void writ York
Popular passages
Page 34 - The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability.
Page 168 - ... for all the debts of the company then existing, and for all that shall be thereafter contracted...
Page 175 - The privilege of the debtor to enjoy the necessary comforts of life, shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted; and there shall be no imprisonment for debt, except in case of fraud.
Page 143 - Any officer authorized by law to make arrests may lawfully take possession of any animals, or implements, or other property used or employed, or about to be used or employed, in the violation of any provision of law relating to fights among animals. He shall state to the person in charge thereof, at the time of such taking, his name and residence, and also, the time and place at which the application provided for by the next section will be made.
Page 535 - ... made with a view to prevent his property from coming to his assignee in bankruptcy, or to prevent the same from being distributed under this act...
Page 317 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 454 - States, he or they may make and file a petition in such suit in such state court before or at the term at which said cause could be first tried, and before the trial thereof...
Page 144 - Such as shall have been mortgaged to it in good faith, by way of security for loans previously contracted, or for moneys due ; or, 3.
Page 290 - The result is a conviction that the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the General Government.
Page 336 - Where a grant for a valuable consideration shall be made' to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.