Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 25 |
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Common terms and phrases
affidavit agreement alleged amended amount appellant apply assessment assignment authority bank cause of action charge chose in action Civil Procedure claim clerk commissioners Company complaint concurred contract corporation costs and disbursements Court in favor creditors damages deceased deed defendant defendant's demurrer denied DIV.-VOL dollars costs Duerk entered entitled evidence ex rel execution executors fact FEBRUARY TERM FOURTH DEPARTMENT granted held Impleaded injury interest interpleader issued JANUARY TERM jury justice Karst land liable lien ment mortgage motion negligence Newton opinion Order affirmed owner paid party payment person plaintiff premises proceedings proof question railroad recover referred relator Respondent reversed Richard Curran rule SECOND DEPARTMENT Special Term statute street Supreme Court testator testified testimony thereof THIRD DEPARTMENT tion town trial trust verdict village witness York YORK ex rel
Popular passages
Page 247 - ... together with all and singular the tenements, hereditaments and appurtenances, thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits, thereof ; and also, all the estate, right, title, interest, property, possession, claim and demand, whatsoever, as well in law as in equity, of the said party of the first part, of, in or to, the above-described premises, and every part and parcel thereof, with the appurtenances...
Page 30 - All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose.
Page 508 - ... made with the intent to hinder, delay or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts or demands, and every bond or other evidence of debt given, suit commenced, decree or judgment suffered, with the like intent, as against the persons so hindered, delayed or defrauded, shall be void.
Page 24 - ... law, the court before whom such proceedings may be pending, shall have the power to make all necessary orders and give necessary directions to carry into effect the object and intent of this title...
Page 308 - All such property Is taxable, if the state shall see fit to tax it ; but to levy a tax upon It would render necessary new taxes to meet the demand of this tax, and thus the public would be taxing itself In order to raise money to pay over to itself, and no one would be benefited but the officers employed, whose compensation would go to increase the useless levy.
Page 31 - Who are peace officers. — A peace officer is a sheriff of a county, or his under-sheriff or deputy, or a constable, marshal, police constable or policeman of a city, town or village.
Page 249 - ... unless the intent to pass a less estate or interest shall appear by express terms or be necessarily implied in the terms of the grant : 1 RS 748, §1.
Page 159 - ... to compel the discovery of any property or thing in action, belonging to the defendant, and of any property, money, or thing in action due to him, or held in trust for him and to prevent the transfer of any such property, money or thing in action, or the payment or delivery thereof to the defendant, except when such trust has, in good faith, been created by, or the fund so held in trust has proceeded from some person other than the defendant himself.
Page 540 - Where there is no direct evidence of negligence, the question what a reasonable man might foresee is of importance in considering the question whether there is evidence for the jury of negligence or not. . . . but when it has been once determined that there is evidence of negligence, the person guilty of it is equally liable for its consequences, whether he could have foreseen them or not.
Page 49 - If the thing wanting or which failed to be done, and which constitutes the defect in the proceedings, is something the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond the power of the legislature to dispense with it by subsequent statute.