Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 22Gould, Banks & Gould, 1857 - Law reports, digests, etc |
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Results 1-5 of 100
Page 13
... action that they should be satisfied from the evidence that Schumacher was in fact dead . If he was , that the action was sustained , unless there had been a false warranty , or unless the policy was obtained from the defendants by ...
... action that they should be satisfied from the evidence that Schumacher was in fact dead . If he was , that the action was sustained , unless there had been a false warranty , or unless the policy was obtained from the defendants by ...
Page 73
... action of the new common council , in attempt- ing to re - canvass the returns , on the 6th of May , and to determine and declare who was elected mayor , was unauthorized and void ; they having no power to revise the action and correct ...
... action of the new common council , in attempt- ing to re - canvass the returns , on the 6th of May , and to determine and declare who was elected mayor , was unauthorized and void ; they having no power to revise the action and correct ...
Page 79
... action , it is competent for the court to go behind the adjudication of the canvassers . The whole question is thrown open , and ex- trinsic evidence is allowed to show what was the true state of the votes . In such an action , where ...
... action , it is competent for the court to go behind the adjudication of the canvassers . The whole question is thrown open , and ex- trinsic evidence is allowed to show what was the true state of the votes . In such an action , where ...
Page 82
... action to the person who shall pay , deliver or deposit any money , property or thing in action . He cannot assign or transfer such right to an assignee , so as to enable the latter to sue thereon . MOT OTION by the defendant for a new ...
... action to the person who shall pay , deliver or deposit any money , property or thing in action . He cannot assign or transfer such right to an assignee , so as to enable the latter to sue thereon . MOT OTION by the defendant for a new ...
Page 83
... action . It is the person who shall " pay , deliver or deposit any money , property or thing in action , " who is in terms authorized to sue , and to him is the authority confined . The liability of the winner , or person to whom the ...
... action . It is the person who shall " pay , deliver or deposit any money , property or thing in action , " who is in terms authorized to sue , and to him is the authority confined . The liability of the winner , or person to whom the ...
Contents
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Common terms and phrases
agent agreement Ainsworth & Hunt alleged answer appeal applied assignment assignors authority Barb cause of action charge Charles Ludlow claim commenced common council common law complaint construction contract corporation counsel county court court of equity Cowen damages debt deed defendant delivered entitled equity evidence execution fact fendants Fultonville Fund Life Assurance grant ground held highway Hudson River husband injury intended interest John judge judgment jurisdiction jury justice land legislature liable Margaret Thornton mayor ment mortgage National Loan Fund objection owner paid Paige parties payment person Peter Young Phyfe plaintiff Plank Road Port Maitland possession premises proceedings proved provisions purchase question raft Rail Road Company recover reference rule Schumacher separate estate sold special term statute street suit supreme court testator thereof tiff tion Town of Fishkill trial trustees Valton void Wend Wetmore wife witness York
Popular passages
Page 351 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises...
Page 72 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.
Page 508 - LET dogs delight to bark and bite, For God hath made them so; Let bears and lions growl and fight, For 'tis their nature too.
Page 145 - A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiffs claim, or connected with the subject of the action; 2.
Page 493 - Prorogation or dissolution constitutes there what is called a session; provided some act has passed. In this case, all matters depending before them are discontinued, and at their next meeting are to be taken up de novo, if taken up at all. — 1 Blackstone, 186. Adjournment, which is by themselves, is no more than a continuance of the session from one day to another, or for a fortnight, a month, etc., ad libitum.
Page 382 - Any married female may take by inheritance, or by gift, grant, devise or bequest from any person other than her husband, and hold to her sole and separate use, and convey and devise real and personal property, and any interest or estate therein, and the rents, issues and profits thereof, in the same manner and with like effect as if she were unmarried, and the same shall not be subject to the disposal of her husband nor be liable for his debts.
Page 281 - But profits or advantages which are the direct and immediate fruits of the contract entered into between the parties, stand upon a different footing. These are part and parcel of the contract itself, entering into and constituting a portion of its very elements; something stipulated for, the right to the enjoyment of which is just as clear and plain as to the fulfillment of any other stipulation.
Page 116 - When any person shall usurp, intrude into, or unlawfully hold or exercise, any public office, civil or military, or any franchise within this state, or any office in a corporation created by the authority of this state, or 2.
Page 76 - Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff...
Page 493 - Parliament have three modes of separation, to wit: by adjournment, by prorogation or dissolution by the King, or by the efflux of the term for which they were elected. Prorogation or dissolution constitutes there what is called a session; provided some act was passed.