Reports of Cases Argued and Determined in the Court of Appeals of the State of New York [1863-68], Volumen1


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Página 253 - A party to an action may be examined as a witness, at the instance of the adverse party, or of any one of several adverse parties, and for that purpose may be compelled, in the same manner, and subject to the same rules of examination, as any other witness, to testify, either at the trial, or conditionally, or upon commission.
Página 529 - In the view I take of this case it is not necessary to express a final opinion on the point, or upon claimants' contention that actual delivery took place in the Port of London Authority's warehouse.
Página 149 - The objection, that the action was not commenced within the time limited, can be taken only by answer.
Página 333 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.
Página 370 - Amendment to the Constitution of the United States, which declares that "no person shall be deprived of life, liberty, or property without due process of law.
Página 475 - The rule is, that any unlawful interference with the property of another, or exercise of dominion over it, by which the owner is damnified, is sufficient to maintain the action.
Página 154 - It is ordered that the paper heretofore filed purporting to be a copy of the last will and testament of said deceased...
Página 546 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Página 260 - ... 2. When the action is between herself and her husband, she may sue or be sued alone; 3.
Página 252 - But in trials of any sort they are not allowed to be evidence for, or against, each other: partly because it is impossible their testimony should be indifferent, but principally because of the union of person; and therefore, if they were admitted to be witnesses for each other, they would contradict one maxim of law, "nemo in propria causa testis esse debet...

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