Reports of Practice Cases, Determined in the Courts of the State of New York: With a Digest of All Points of Practice Embraced in the Standard New York Reports ..., Volume 13J.S. Voorhies, 1873 - Civil procedure |
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Common terms and phrases
62 Barb Abraham Oakey Hall aforesaid alleged allowed amount application attorney attorney-general audit authority board of supervisors bonds Brooklyn Buffalo cause of action charge City of Lockport claim common law complaint contract corporation costs counsel court of appeals court of equity creditors damages debt default defendant defendant's demurrer dollars duty effect entitled equity evidence execution facts fendant filed fraud fraudulent granted ground held husband indictment injunction injury insanity judge judgment jurisdiction juror jury justice Lans legislature liability lien mayor ment Montgomery mortgage mortgagor motion negligence opinion oyer and terminer parties person plaintiff Porter possession prisoner proceedings proof provision provisional remedy purchaser question recover remedy remittitur rule sheriff special term Stat Staten Island Railroad statute supreme court Supreme Ct testimony thereof tion trial trust Tweed Union Iron verdict wife witness wrong York
Popular passages
Page 114 - Immediate delivery and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees In good faith...
Page 114 - ... unless it shall be made to appear on the part of the persons claiming under such sale or assignment that the same was made in good faith, and without any intent to defraud such creditors or purchasers.
Page 114 - Every mortgage, or conveyance intended to operate as a mortgage, of goods and chattels, which shall hereafter be made, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change of possession...
Page 429 - Secondly, it may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses, and not under delusion, would make on the one hand, and as no honest and fair man would accept on the other; which are inequitable and unconscientious bargains, and of such even the Common Law has taken notice.
Page 70 - If a case shall arise in which an action for the enforcement or protection of a right, or the redress or prevention of a wrong...
Page 23 - ... the duty of the court to submit the question to the jury...
Page 434 - ... are correct, and that the disbursements and services charged therein have been in fact made or rendered, or are necessary to be made or rendered at that session of the board, and stating that no part of the amount claimed has been paid or satisfied.
Page 104 - Court, fourth district, reversing a judgment entered upon the report of a referee. The action was brought...
Page 261 - In an action for the recovery of damages, on a cause of action; not arising cut of contract, where the defendant is not a resident of the state, or is about to remove therefrom, or where the action is for an injury to person or character, or for injuring or for wrongfully taking, detaining, or converting property.
Page 247 - On the contrary, although he may be laboring under partial insanity, if he still understands the nature and character of his act, and its consequences ; if he has a knowledge that it is wrong and criminal, and a mental power sufficient to apply that knowledge to his own case, and to know that, if he does the act he will do wrong and receive punishment, — such partial insanity is not sufficient to exempt him from responsibility for criminal acts.