The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and District Courts, Appellate Courts of the Several States, State and City Courts of New York and English Courts, Volume 18McDivitt, Campbell & Company, 1884 - Law reports, digests, etc |
From inside the book
Results 1-5 of 92
Page 7
... answer ; neither party can derive any advantage from evi- dence appearing upon the trial tending to establish the existence of a cause of action or defense not included in his pleadings . Appeal from a judgment recov- ered on the report ...
... answer ; neither party can derive any advantage from evi- dence appearing upon the trial tending to establish the existence of a cause of action or defense not included in his pleadings . Appeal from a judgment recov- ered on the report ...
Page 8
... answer , and neither party can derive any advantage from evidence appear- ing upon the trial tending to es- tablish the existence of a cause of action or defense not included in his pleadings . 16 N. Y. , 297 ; 10 N. Y. , 371 ; 2 Kernan ...
... answer , and neither party can derive any advantage from evidence appear- ing upon the trial tending to es- tablish the existence of a cause of action or defense not included in his pleadings . 16 N. Y. , 297 ; 10 N. Y. , 371 ; 2 Kernan ...
Page 30
... answer that plaintiff was retained under an agreement by which he was to receive for his services whatever Scott Lord , for applt . John Lindley , for. ing them . Nothing was said about the trademark in these transfers . The principal ...
... answer that plaintiff was retained under an agreement by which he was to receive for his services whatever Scott Lord , for applt . John Lindley , for. ing them . Nothing was said about the trademark in these transfers . The principal ...
Page 42
... answered denying the insufficiency of his bond and " all allegations as to his unfit- ness , " whereupon trial was ... answer and trial this does warrant the reversal of the decree ; that the findings of the surrogate must not clearly ...
... answered denying the insufficiency of his bond and " all allegations as to his unfit- ness , " whereupon trial was ... answer and trial this does warrant the reversal of the decree ; that the findings of the surrogate must not clearly ...
Page 59
... answer for the debt , default or miscarriage of another , and not being in writ- ing was void by statute . 2d . That it was void upon grounds of pub- lic policy , being an agreement by plaintiff's attorney upon a consid- eration paid to ...
... answer for the debt , default or miscarriage of another , and not being in writ- ing was void by statute . 2d . That it was void upon grounds of pub- lic policy , being an agreement by plaintiff's attorney upon a consid- eration paid to ...
Contents
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Common terms and phrases
action was brought agreement alleged amount Appeal from judgment applt apply assignment attorney bank bond Brady cause of action Chap claim Code of Civ commissioners complaint concur contract corporation costs COURT OF APPEALS court of equity creditors damages debt Decided Dec Decided Jan Decided Nov Decided Oct decree deed defendant defendant's dismissed entitled error evidence executed executors fact fendant firming judgment foreclosure FOURTH DEPT fraud granted Held judge Judgment affirmed Judgment reversed jury land lease liable lien ment mortgage motion N. Y. COURT N. Y. SUPREME COURT negligence old firm Opinion by Learned owner paid party payment person plain plaintiff premises proceedings promissory note purchase question Rapallo received recover referee respt Special Term statute surrogate testator thereof THIRD DEPT tiff tion trustees usury verdict witness XVII York
Popular passages
Page 365 - Each of those courts shall continue to exercise the jurisdiction and powers now vested in it by law, according to the course and practice of the court, except as otherwise prescribed in this act.
Page 2 - Constable and his sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said Constable may become liable to pay on account of any execution which shall be delivered to him for collection...
Page 537 - If the subsequent felony is such that, upon a first conviction, the offender would be punishable by imprisonment for any term less than his natural life, then such person must be sentenced to imprisonment for a term not less than the longest term, nor more than twice the longest term, prescribed upon a first conviction.
Page 298 - But no person shall hold the office of justice or judge of any court longer than until and including the last day of December next, after he shall be seventy years of age.
Page 652 - ... will pay all costs and' damages which may be awarded against him on the appeal not exceeding five hundred dollars.
Page 447 - AND it shall and may be lawful for the said vessel, in her voyage, to proceed and sail to, touch and stay at, any ports or places, if thereunto obliged by stress of weather, or other unavoidable accident, without prejudice to this insurance.
Page 170 - An act to incorporate mutual loan and accumulating fund associations,' passed April 10, 1851, and the several acts amendatory thereof and supplementary thereto. The answer in reference to these allegations simply alleges that the defendant has no knowledge or information sufficient to form a belief, as to whether the plaintiff is a corporation or not created by or under the laws referred to.
Page 14 - The principle that in every forum a contract is governed by the law with a view to which it was made.
Page 481 - A sentence of imprisonment in a state prison for any term less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority, or power during such imprisonment.
Page 33 - Every law which imposes, continues or revives a tax, shall distinctly state the tax and the object to which it is to be applied ; and it shall not be sufficient to refer to any other law to fix such tax or object.