Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 20Gould, Banks & Gould, 1858 - Law reports, digests, etc |
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Page 9
... apply in cases , like that of parent and child or husband and wife , where the purchase may fairly be deemed to have been made for another from motives of natural love and affection . The presumption , in such cases , is that the ...
... apply in cases , like that of parent and child or husband and wife , where the purchase may fairly be deemed to have been made for another from motives of natural love and affection . The presumption , in such cases , is that the ...
Page 10
... apply in cases , like that of parent and child or husband and wife , where the purchase may fairly be deemed to be made for another from motives of natural love and affection . The presumption in such cases is , that the purchase is ...
... apply in cases , like that of parent and child or husband and wife , where the purchase may fairly be deemed to be made for another from motives of natural love and affection . The presumption in such cases is , that the purchase is ...
Page 11
... apply to the plaintiff . THIS THIS was an action for libel and slander . It was tried at the Greene circuit , in November , 1852. The plaintiff was the keeper of the Greene county poor - house . The defendant was county physician , and ...
... apply to the plaintiff . THIS THIS was an action for libel and slander . It was tried at the Greene circuit , in November , 1852. The plaintiff was the keeper of the Greene county poor - house . The defendant was county physician , and ...
Page 13
... apply to the plaintiff , was libelous . The plaintiff had expressly averred that it was published of and concerning himself . He had proved some facts tending to sustain that averment . Whether or not the matter contained in the publi ...
... apply to the plaintiff , was libelous . The plaintiff had expressly averred that it was published of and concerning himself . He had proved some facts tending to sustain that averment . Whether or not the matter contained in the publi ...
Page 36
... not affect the case . The case of Wadsworth v . Thomas , ( 7 Barb . 445 , ) has no application to the question under consideration . That case arose Milliman v . Neher . under the code of 1848. 36 CASES IN THE SUPREME COURT .
... not affect the case . The case of Wadsworth v . Thomas , ( 7 Barb . 445 , ) has no application to the question under consideration . That case arose Milliman v . Neher . under the code of 1848. 36 CASES IN THE SUPREME COURT .
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Common terms and phrases
affidavits agent agreement alleged answer appear apply arbitrators assignment authority averred award bank Barb cause of action charge claim clause commenced common law complaint condition constitution contract conveyance conveyed corporation covenant damages debt declares deed defendant delivered delivery demurrer Denio duty Ellicottville entitled evidence executed executor facts fendant flour foreclosure Glen Cove Haight held injury intent interest John judge judgment jury justice land lease legislative legislature liable liquor mandamus Mears ment mortgage notice objection opinion owner paid parol parties payment person plaintiff plaintiff in error plank road possession premises prohibition proof proved provisions purchase question Rail Road Company received recover referee remedy replevin Schenectady sell sheriff sold special term statute sufficient sustained testator thereof tiff tion Toynbee trial trial by jury trust valid void Wend Wynhamer York
Popular passages
Page 305 - The commissioned officers of the militia shall be commissioned by the Governor; and no commissioned officer shall be removed from office, unless by the Senate on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial, pursuant to law. The present officers of the militia shall hold their commissions subject to removal, as before provided.
Page 234 - That for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered.
Page 213 - THERE is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of . property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world} in total exclusion of the right of any other individual in the universe.
Page 182 - And if any State deems the retail and internal traffic in ardent spirits injurious to its citizens, and calculated to produce idleness, vice or debauchery, I see nothing in the Constitution of the United States to prevent it from regulating and restraining the traffic, or from prohibiting it altogether if it thinks proper.
Page 677 - ... and unless it be performed the devisee can take nothing. If on the contrary the act does not necessarily precede the vesting of the estate, but may accompany or follow it, if this is to be collected from the whole will, the condition is subsequent.
Page 230 - Political therefore, or civil liberty, which is that of a member of society, is no other than natural liberty so far restrained by human laws, and no farther, as is necessary and expedient for the general advantage of the public.
Page 152 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 193 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
Page 234 - The true reason of the remedy ? And then the office of all the judges is always to make such construction as shall suppress the mischief and advance the remedy...
Page 195 - Kinzie et aL contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the constitution.