Reports of Cases Decided in the Court of Appeals of the State of New York, 111. köideNew York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyers Co-operative Publishing Company, 1889 |
From inside the book
Results 1-5 of 82
Page 3
... judgment of the General Term of the Supreme Court in the third judicial department , entered upon an order made at the October Term , 1887 , which affirmed a judgment entered upon a decision of the court on trial at General Term . This ...
... judgment of the General Term of the Supreme Court in the third judicial department , entered upon an order made at the October Term , 1887 , which affirmed a judgment entered upon a decision of the court on trial at General Term . This ...
Page 35
... judgment to the General Term . That court affirmed the judgment of the trial court . The plaintiff and all of the defendants , except the two railroad corporations , appeal from the judgment of affirmance to this court , and thus bring ...
... judgment to the General Term . That court affirmed the judgment of the trial court . The plaintiff and all of the defendants , except the two railroad corporations , appeal from the judgment of affirmance to this court , and thus bring ...
Page 66
... judgment should be reversed and complaint dismissed . All concur . Judgment accordingly . 111 66 117 563 111 66 140 586 111 66 151 333 In the Matter of the Estate of JOHN MCGRAW , Deceased . In the Matter of the Estate of JENNIE MCGRAW ...
... judgment should be reversed and complaint dismissed . All concur . Judgment accordingly . 111 66 117 563 111 66 140 586 111 66 151 333 In the Matter of the Estate of JOHN MCGRAW , Deceased . In the Matter of the Estate of JENNIE MCGRAW ...
Page 132
... judgment of the General Term should , therefore , be affirmed , with costs . All concur , except FINCH , J. , taking no part . Judgment affirmed . 111 132 117 11 117 20 117 36 117 39 111 132 144 407 THE BUFFALO EAST SIDE RAILROAD ...
... judgment of the General Term should , therefore , be affirmed , with costs . All concur , except FINCH , J. , taking no part . Judgment affirmed . 111 132 117 11 117 20 117 36 117 39 111 132 144 407 THE BUFFALO EAST SIDE RAILROAD ...
Page 142
... judgment . The judgment of the court below should , therefore , be affirmed . All concur , EARL and GRAY , JJ . , in the result . Judgment affirmed . Statement of case . 111 143 WILLIAM J. BYAM , 142 [ Nov. , B. E. S. R. R. Co. v ...
... judgment . The judgment of the court below should , therefore , be affirmed . All concur , EARL and GRAY , JJ . , in the result . Judgment affirmed . Statement of case . 111 143 WILLIAM J. BYAM , 142 [ Nov. , B. E. S. R. R. Co. v ...
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Common terms and phrases
affirmed agreement alleged amount appeal apply authority Barb bond Broadway Surface cause of action chap charged charter claim clause Constitution construction contract Cornell corporation counsel court of equity creditors DANFORTH death debts deceased decided November 27 defendant defendant's devise duty entitled equity evidence ex rel execution executor executrix facts franchise fund grant held hold husband income intent interest Jennie McGraw John McGraw judgment judicial department jury land legatee legislature lien limitation LXVI Mayor ment mortgage Opinion paid Paige parties payment PECKHAM plaintiff Potomac Co provisions purchase purpose question R. R. Co Railroad Company real estate reason received repeal respondent Revised Statutes RUGER scrip SICKELS-VOL Slander and Libel Statement statute of limitations supra Supreme Court surrogate Term testator's testatrix thereof tion traffic contracts trial trust valid vested void Wend wife York
Popular passages
Page 577 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 150 - ... the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 150 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 570 - ... accompanied by an immediate delivery, and followed by an actual and continued change of possession...
Page 549 - The county court shall have, such jurisdiction in cases arising in justices courts, and in special cases, as the Legislature may prescribe ; but shall have no original civil jurisdiction, except in such special cases.
Page 141 - They are nothing more or less than the powers of government inherent in every sovereignty to the extent of its dominions.
Page 62 - It may, however, be stated generally, that due process of law requires an orderly proceeding, adapted to the nature of the case, in which the citizen has an opportunity to be heard, and to defend, enforce, and protect his rights. A hearing or an opportunity to be heard is absolutely essential. We cannot conceive of due process of law without this.
Page 142 - The inquiry there was as to the extent of the police power in cases where the public interest is affected ; and we held that when an employment or business becomes a matter of such public interest and importance as to create a common charge or burden upon the citizen ; in other words, when it becomes a practical monopoly, to which the citizen is compelled to resort, and by means of which a tribute can be exacted from the community, it is subject to regulation by the legislative power.
Page 394 - No agent has power in behalf of the company to make or modify this or any other contract of insurance, to extend the time for paying a premium, to waive any forfeiture, or to bind the company by making any promise, or making or receiving any representation or information.
Page 369 - A challenge to the panel can be founded only on a material departure from the forms prescribed in respect to the drawing and return of the jury in civil actions, or on the intentional omission of the sheriff to summon one or more of the jurors drawn.