Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volumen14 |
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Página 10
... granted unless the plaintiff or his attorney , if required by the defendant , makes oath that the plaintiff cannot , for want of some material testimony or witness , specified by him , safely proceed to trial . " This section contains ...
... granted unless the plaintiff or his attorney , if required by the defendant , makes oath that the plaintiff cannot , for want of some material testimony or witness , specified by him , safely proceed to trial . " This section contains ...
Página 11
... granted , and the only legitimate inference which we think ought to be drawn from the statement contained in the ... granting such adjournment the court had lost jurisdic- tion of the case . We are clearly of the opinion that in granting ...
... granted , and the only legitimate inference which we think ought to be drawn from the statement contained in the ... granting such adjournment the court had lost jurisdic- tion of the case . We are clearly of the opinion that in granting ...
Página 16
... granted in express words ; second , those necessarily or fairly implied in or incident to the powers expressly granted ; third , those essen- tial to the declared objects and purposes of the corporation , not simply convenient , but ...
... granted in express words ; second , those necessarily or fairly implied in or incident to the powers expressly granted ; third , those essen- tial to the declared objects and purposes of the corporation , not simply convenient , but ...
Página 22
... granted by the General Term of the fifth department , no opinion being written . ( 86 Hun , 617. ) On the trial under review the plaintiff had a verdict for $ 15,000 . A motion for a new trial on a case containing exceptions was heard ...
... granted by the General Term of the fifth department , no opinion being written . ( 86 Hun , 617. ) On the trial under review the plaintiff had a verdict for $ 15,000 . A motion for a new trial on a case containing exceptions was heard ...
Página 32
... was properly published . The motion to compel the purchaser to complete his purchase is granted , but the question being a new one , costs are not allowed . App . Div . ] FOURTH DEPARTMENT , FEBRUARY TERM 32 WILLIAMS v . COLWELL .
... was properly published . The motion to compel the purchaser to complete his purchase is granted , but the question being a new one , costs are not allowed . App . Div . ] FOURTH DEPARTMENT , FEBRUARY TERM 32 WILLIAMS v . COLWELL .
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Términos y frases comunes
adverse possession affirmed agent agreement alleged amount Andrew McLean appellant application appointed assets authority bond BRUNT cause of action charge Civil Procedure claim clerk Code complaint concurred contract contributory negligence corporation costs and disbursements counsel Court in favor Court of Appeals court of equity creditors damages death defendant defendant's denied dissolution DIV.-VOL dollars costs duty entered entitled evidence ex rel execution fact FEBRUARY TERM FOURTH DEPARTMENT gastritis George Eldridge granted held Herman Frank Impleaded INGRAHAM injury interest issue judge Judgment and order jury justice lease liability Mayor ment mortgage motion negligence opinion owner paid parties payment person Phyfe & Campbell plaintiff premises proceeding provisions question reason received recover reference residuary estate Respondent reversed rule RUMSEY SECOND DEPARTMENT statute Supreme Court testator testified testimony tion trial verdict wall William witnesses
Pasajes populares
Página 16 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Página 489 - ... that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and residents of this State, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section.
Página 16 - First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation, — not simply convenient, but indispensable. Any fair, reasonable doubt concerning the existence of power is resolved by the courts against the corporation, and the power is denied.
Página 490 - Such examinations shall be practical in their character, and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of...
Página 201 - Miller was a real or fictitious individual." as though determined by the supreme court itself. (Bridges v. Fisk, 53 Cal. App. 117 [200 Pac. 71].) [3] Appellant also insists that it was error on the part of the trial court to permit...
Página 296 - The question presented here is whether the will of the testatrix could not, within the meaning of the statute, "be proved without the testimony" of the witness Margaret A. Weldon. The will, in fact, was proved without the testimony of that witness. She was a resident of the State of New York at the time the testatrix died.
Página 191 - But there is no arbitrary deprivation of such right where its exercise is not permitted because of a failure to comply with conditions imposed by the State for the protection of society. The power of the State to provide for the general welfare of its people authorizes it to prescribe all such regulations as, in its judgment, will secure or tend to secure them against the consequences of ignorance and incapacity as well as of deception and fraud.
Página 68 - Conductors and enginemen will be held equally responsible for the violation of any rules governing the safety of their trains, and they must take every precaution for the protection of their trains, even if not provided for by the rules.
Página 198 - The legislature may undoubtedly prescribe qualifications for the office, to which he must conform, as it may, where it has exclusive jurisdiction, prescribe qualifications for the pursuit of any of the ordinary avocations of life. The question, in this case, is not as to the power of Congress to prescribe qualifications, but whether that power has been exercised as a means for the infliction of punishment, against the prohibition of the Constitution.
Página 490 - April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered; and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall make concerning the same.