Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 51Gould, Banks & Gould, 1868 - Law reports, digests, etc |
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Common terms and phrases
affirmed agent agreement alleged amendment American Bible Society amount appear apply assessment authority Bank Barb cause of action Central Park charge claim commissioners common council complaint contract corporation counsel court debt defendant defendant's delivered Deventer directed docket duty entitled estopped estoppel evidence execution executors fact fraud given ground heirs held intent J. C. Smith judge judgment jurisdiction jury justice land legislature liable Mayor ment Monroe Monroe County mortgage Mount Morris N. Y. Rep nonsuit notice objection old firm owner paid parties payment Penn Yan person plaintiff Plattsburgh possession premises proceedings purchase question Railroad Company Raynor real estate receipt received recover referred rendered road rule sidewalks Stannard statute Steuben county street suit term testator testimony thereof tiff tion trial trustees valid Vannorsdall verdict void warrant Wend words York
Popular passages
Page 17 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his rights, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence.
Page 70 - ... from the fraud or gross negligence of said express company, or their servants ; nor in any event shall the holder hereof demand beyond the sum of fifty dollars, at which the article forwarded is hereby valued, unless otherwise herein expressed, or unless specially insured by them, and so specified in this receipt, which insurance shall constitute the limit of the liability of the Adams Express company.
Page 17 - Nothing can call forth this Court into activity but conscience, good faith, and reasonable diligence. Where these are wanting, the Court is passive and does nothing. Laches and neglect are always discountenanced ; and therefore from the beginning of this jurisdiction there was always a limitation to suits in this Court.
Page 318 - There are certain vital principles in our free republican governments, which will determine and overrule an apparent and flagrant abuse of legislative power; as to authorize manifest injustice by positive law; or to take away that security for personal liberty, or private property, for the protection whereof the government was established.
Page 279 - All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed,...
Page 539 - A justice of the peace, on the demand of a party in whose favor he shall have rendered a judgment, shall give a transcript thereof, which may be filed and docketed in the office of the clerk of the county where the judgment was rendered. The time of the receipt of the transcript by the clerk shall be noted thereon, and entered in the docket ; and from that time, the judgment shall be a judgment of the county court.
Page 298 - ... among the owners or occupants of all the houses and lots intended to be benefited thereby, in proportion, as nearly as may be, to the advantage, which each shall be deemed to acquire respectively.
Page 161 - If, indeed, the money is intentionally paid, without reference to the truth or falsehood of the fact, the plaintiff meaning to waive all inquiry into it, and that the person receiving shall have the money at all events, whether the fact be true or false, the latter is certainly entitled to retain it...
Page 279 - All county officers whose election or appointment is not provided for by this constitution, shall be elected by the electors of the respective counties, or appointed by the boards of supervisors, or other county authorities, as the legislature shall direct.
Page 354 - Every person shall be assessed in the town or ward where he resides when the assessment is made, for all personal estate owned by him...