Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volumen85 |
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Términos y frases comunes
affirmed agreement alleged amount appellant application appointed assessment authority avenue Bartlett Brooklyn cause of action chap chapter Christian Henn Civil Procedure claim clause clerk Code of Civil commissioners complaint Comptroller concurred contract corporation costs and disbursements damages death deceased deed defendant defendant's dollars costs entered entitled evidence ex rel executor fact favor Flatbush Avenue held highway Horstmann Impleaded intestate issue judgment JULY TERM JUNE TERM jury lands lease liable lien mandamus ment mortgage motion negligence owner party payment person plaintiff premises proceeding purchase purpose question Railroad Company real property received recover referee relator residuary estate respondent reversed SECOND DEPARTMENT Special Term statute street sui juris Supreme Court testator testified therein thereof THIRD DEPARTMENT tion trust fund verdict writ writ of mandamus York YORK ex rel
Pasajes populares
Página 228 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Página 81 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Página 125 - For the Legislature absolutely or conditionally to forbid public speaking in a highway or public park is no more an infringement of the rights of a member of the public than for the owner of a private house to forbid it in his house.
Página 72 - ... used exclusively for carrying out thereupon one or more of such purposes, and the personal property of any such corporation shall be exempt from taxation.
Página 147 - Neither the Legislature, canal board, nor any person or persons acting in behalf of the State, shall audit, allow, or pay any claim which, as between citizens of the State, would be barred by lapse of time.
Página 441 - Nonresidents of the state doing business in the state, either as principals or partners, shall be taxed on the capital invested in such business, as personal property, at the place where such business is carried on, to the same extent as if they were residents of the state.
Página 681 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Página 391 - ... or in the nature of a bet, wager or insurance, upon the drawing or drawn numbers of any public or private lottery; or any paper, print, writing, numbers, device, policy slip, or article of any kind such as is commonly used in carrying on, promoting or playing the game commonly called policy...
Página 456 - Public policy and the interests of society favor the utmost freedom in the citizen to pursue his lawful trade or calling, and if the purpose of an organization or combination of workingmen be to hamper or to restrict that freedom, and, through contracts or arrangements with employers, to coerce other workingmen to become members of the organization, and to come under its rules and conditions, under the penalty of the loss of their positions and of deprivation of employment, then that purpose seems...
Página 100 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another : therefore it contenteth itself with the immediate cause ; and judgeth of acts by that, without looking to any further degree.