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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Results 1-5 of 68
Page 10
... exceptions . M. Schoonmaker , for the plaintiff . H. Hogeboom , for the defendant . By the Court , HARRIS , J. It is by no means certain , from the testimony in the case , that Enos Welton furnished the money with which the land in ...
... exceptions . M. Schoonmaker , for the plaintiff . H. Hogeboom , for the defendant . By the Court , HARRIS , J. It is by no means certain , from the testimony in the case , that Enos Welton furnished the money with which the land in ...
Page 13
... exceptions . L. Tremain , for the plaintiff . H. Hogeboom , for the defendant . By the Court , HARRIS , J. It seems to have been assumed upon the trial , that the article published by the defendant , if it was intended to apply to the ...
... exceptions . L. Tremain , for the plaintiff . H. Hogeboom , for the defendant . By the Court , HARRIS , J. It seems to have been assumed upon the trial , that the article published by the defendant , if it was intended to apply to the ...
Page 30
... exceptions , but as they are not noticed in the opinion of the court , it is unnecessary to state them here . The jury rendered a verdict for the plaintiff , for $ 36.75 , for which amount , with costs , judgment was perfect- ed in ...
... exceptions , but as they are not noticed in the opinion of the court , it is unnecessary to state them here . The jury rendered a verdict for the plaintiff , for $ 36.75 , for which amount , with costs , judgment was perfect- ed in ...
Page 37
... exception . The decision of the county court was , therefore , erroneous , and should be reversed , and the judgment of the justice affirmed . [ ALBANY GENERAL TERM , May 7 , 1855. Parker , Wright and Harris , Justices . ] MILLIMAN VS ...
... exception . The decision of the county court was , therefore , erroneous , and should be reversed , and the judgment of the justice affirmed . [ ALBANY GENERAL TERM , May 7 , 1855. Parker , Wright and Harris , Justices . ] MILLIMAN VS ...
Page 70
... exception taken by the defendant . At the close of the testimony the defendant asked the court to charge the jury , 1. That unless the jury found that the United States Insurance , Annuity and Trust Company did business as a Life ...
... exception taken by the defendant . At the close of the testimony the defendant asked the court to charge the jury , 1. That unless the jury found that the United States Insurance , Annuity and Trust Company did business as a Life ...
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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.