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 75
Page 3
... trial at General Term . This action was brought by the attorney - general , in the name of the People , against John O'Brien , as Receiver of the Broadway Surface Railroad Company ; the Mayor , etc. , of the city of New York ; the ...
... trial at General Term . This action was brought by the attorney - general , in the name of the People , against John O'Brien , as Receiver of the Broadway Surface Railroad Company ; the Mayor , etc. , of the city of New York ; the ...
Page 34
... trial of the action . Whether the complaint stated a good cause of action or not , could not have been properly considered or decided on such a motion . This action is certainly unusual , and is believed to be unpre- cedented in its ...
... trial of the action . Whether the complaint stated a good cause of action or not , could not have been properly considered or decided on such a motion . This action is certainly unusual , and is believed to be unpre- cedented in its ...
Page 35
... trial of the action a judgment was rendered in favor of the defendants , except the receiver , to the effect that the mortgages were valid liens upon the property and fran- chises of the company and survived the dissolution of the ...
... trial of the action a judgment was rendered in favor of the defendants , except the receiver , to the effect that the mortgages were valid liens upon the property and fran- chises of the company and survived the dissolution of the ...
Page 144
... trial of an action for libel , it has been held as matter of law that the publication was privileged , the burden rests upon the plaintiff to establish that it was maliciously made , this is a question of fact to be determined by the ...
... trial of an action for libel , it has been held as matter of law that the publication was privileged , the burden rests upon the plaintiff to establish that it was maliciously made , this is a question of fact to be determined by the ...
Page 149
... Trial Ev . 670 , note 15. ) If a material part of the justi- fication fails , then all fail . ( Townshend on Slander and Libel , $ 359 , 408. ) The truth of the matter charged , to constitute a justification , must be made out beyond a ...
... Trial Ev . 670 , note 15. ) If a material part of the justi- fication fails , then all fail . ( Townshend on Slander and Libel , $ 359 , 408. ) The truth of the matter charged , to constitute a justification , must be made out beyond a ...
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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.