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 5McDivitt, Campbell & Company, 1878 - Law reports, digests, etc |
From inside the book
Results 1-5 of 85
Page 9
... brought was not made in the name of respondent , or with any special claim on the part of the contractors to represent him . The plaintiffs were citizens of this State . The appellants ' counsel claim that as the plaintiff recovered ...
... brought was not made in the name of respondent , or with any special claim on the part of the contractors to represent him . The plaintiffs were citizens of this State . The appellants ' counsel claim that as the plaintiff recovered ...
Page 18
... brought suit to recover the difference between the amount actually paid and the amount he should have received for the same period of service at $ 5,000 per annum . Elliot Sandford , for applt . Wm . C. Whitney , and D. J. Dean , for ...
... brought suit to recover the difference between the amount actually paid and the amount he should have received for the same period of service at $ 5,000 per annum . Elliot Sandford , for applt . Wm . C. Whitney , and D. J. Dean , for ...
Page 21
... brought the pres- ent suit to restrain the company from mining and extracting coal from the land , and to compel an accounting for the timber cut and the coal taken and converted to its use . The Court below dismissed the bill ...
... brought the pres- ent suit to restrain the company from mining and extracting coal from the land , and to compel an accounting for the timber cut and the coal taken and converted to its use . The Court below dismissed the bill ...
Page 27
... brought thereon . In order to take the case out of the statute , the plaintiff put in evidence , under ob- jection , the following letter : Philadelphia , March 23 , 1869 . Mrs. Catharine Baschore : -I have received a letter from you ...
... brought thereon . In order to take the case out of the statute , the plaintiff put in evidence , under ob- jection , the following letter : Philadelphia , March 23 , 1869 . Mrs. Catharine Baschore : -I have received a letter from you ...
Page 39
... brought . The defendant as a de- fence to the action alleged that the arbitrator had never taken the oath required by the terms of the cove- nant in the lease , and that he had no notice of the time or place of making the award , and no ...
... brought . The defendant as a de- fence to the action alleged that the arbitrator had never taken the oath required by the terms of the cove- nant in the lease , and that he had no notice of the time or place of making the award , and no ...
Other editions - View all
Common terms and phrases
action was brought affidavit agreement alleged amount application applt appointed assessment assignment attorney bank bill of lading bond cause of action charge claim Code complaint concur contract corporation County COURT OF APPEALS Court of Equity creditors damages debt Decided December Decided November Decided October Decided September deed defendant defendant's denied entitled error evidence execution executor fact fendant foreclosure FOURTH DEPT fraud granted Held indorsed injury issued judge Judgment affirmed judgment for plaintiff jurisdiction jury land lease liable lien ment mortgage motion N. Y. COURT N. Y. SUPREME COURT negligence notice Opinion owner paid party payment person plain plaintiff in error plff possession premises proceedings promissory note proof purchase question railroad Rapallo receiver recover referee respt SECOND DEPT Special Term statute surety testator thereof THIRD DEPT tiff tion trial trust verdict void
Popular passages
Page 480 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person, under the existing circumstances would not have done.
Page 37 - States hereinbefore named, as may maintain a loyal adhesion to the Union and the Constitution, or may be from time to time occupied and controlled by forces of the United States engaged in the dispersion of said insurgents...
Page 215 - The inquiry must, therefore, always be whether there was any intermediate cause disconnected from the primary fault, and self-operating, which produced the injury.
Page 366 - State, subject only to the two restrictions, that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State...
Page 310 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Page 75 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Page 523 - There was some conflict of evidence as to the rate of speed at which the train was running at the time, and whether its bell was rung and its whistle sounded.
Page 214 - The true rule is that what is the proximate cause of an injury is ordinarily a question for the Jury. It is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it.
Page 48 - He has no right to appropriate a sign or a symbol, which, from the nature of the fact it is used to signify, others may employ with equal truth, and therefore have an equal right to employ for the same purpose...
Page 366 - ... at a greater rate than is assessed upon such bonds ; and that, therefore, the taxation complained of is in violation of the act of Congress forbidding the taxation of national shares at a greater rate than is assessed upon other moneyed capital in the hands of individuals.