Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York, Volume 60William Gould & Son, 1881 - Civil procedure |
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Page 7
... proceedings when Mr. Keeler instituted his action with , as the facts fully satisfy me , the full consent , approbation and co - operation of Bruff . In that suit , as has been previously stated , Mr. Phelps , and after- wards Mr ...
... proceedings when Mr. Keeler instituted his action with , as the facts fully satisfy me , the full consent , approbation and co - operation of Bruff . In that suit , as has been previously stated , Mr. Phelps , and after- wards Mr ...
Page 20
... proceedings . " In the same case ( p . 136 ) the court further said : " In Low's case ( 4 Greenl . , 439 ) the grand jurors were allowed to testify that they acted under the mistaken impression that it was sufficient , if a majority of ...
... proceedings . " In the same case ( p . 136 ) the court further said : " In Low's case ( 4 Greenl . , 439 ) the grand jurors were allowed to testify that they acted under the mistaken impression that it was sufficient , if a majority of ...
Page 21
... proceedings continues , and may be thus exercised after the grand jury has adjourned ( People agt . Naughton , 7 Abb . [ N. S. ] , 421 , 423 , 424 ; 30 How . Pr . , 430 ; State agt . Cowun , 1 Head [ Tenn . ] , 280 ; Clem agt . State ...
... proceedings continues , and may be thus exercised after the grand jury has adjourned ( People agt . Naughton , 7 Abb . [ N. S. ] , 421 , 423 , 424 ; 30 How . Pr . , 430 ; State agt . Cowun , 1 Head [ Tenn . ] , 280 ; Clem agt . State ...
Page 27
... proceedings of the grand jury , though not from an examination as to the testimony of witnesses , or as to other matters to which a grand juror could testify " ( Whart . Crim . Ev . [ 8th ed . ] , sec . 512 ; Knott agt . Sargent , 125 ...
... proceedings of the grand jury , though not from an examination as to the testimony of witnesses , or as to other matters to which a grand juror could testify " ( Whart . Crim . Ev . [ 8th ed . ] , sec . 512 ; Knott agt . Sargent , 125 ...
Page 28
... proceedings had , before the grand jury . We fail to see the matter in that light . In our opinion , public policy does not require that any citizen should be convicted of a public offense by means of doubtful evidence . Where , as in ...
... proceedings had , before the grand jury . We fail to see the matter in that light . In our opinion , public policy does not require that any citizen should be convicted of a public offense by means of doubtful evidence . Where , as in ...
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affidavit affirmed agreement alleged amended answer ante application appointed Atlantic Avenue Railroad attachment attorney attorney-general authority bill bond Brooklyn and Jamaica Bruff cause of action charge Civil Procedure claim Code of Civil complaint contract corporation costs counter-claim creditors damages decree deed defendant defendant's demurrer Digest discharge duty easement entitled evidence ex rel examination execution executor facts fendant grand jury granted Held indictment Island Railroad Company issued Jamaica Railroad judge judgment debtor jurisdiction justice liable Long Island Railroad marine court marriage ment mortgage motion objection order of arrest owner paid party payment person plaintiff possession proceedings provision purchase question real estate receiver recover reference removal Rockland county rule Savage agt sheriff special term statute street sufficient supreme court testator testimony therein thereof tiff tion trial trustee vacate wife witness York
Popular passages
Page 463 - Members of the legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : " I do solemnly swear (or affirm...
Page 600 - Each house shall be the judge of the election,, returns, and qualifications of its own members...
Page 355 - In any manner relating thereto, shall hereafter be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 28 - In the investigation of a charge for the purpose of either presentment or indictment, the grand jury can receive no other evidence than such as is given by witnesses produced and sworn before them, or furnished by legal documentary evidence...
Page 336 - A defendant may set forth, in his answer, as many defenses or counter-claims, or both, as he has, whether they are such as were formerly denominated legal or equitable.
Page 545 - From the commencement of an action or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action or counterclaim, which attaches to a verdict, report, decision or judgment in his client's favor and the proceeds thereof in whosoever hands they -may come; and cannot be affected by any settlement between the parties before or after judgment.
Page 62 - US district court, says that the plaintiffs' motion for summary judgment be and the same is hereby granted, and it is further ordered that the defendants...
Page 132 - ... no regular clerk or head of a bureau or person holding a position in the classified state civil service, subject to competitive examination, shall be removed until he has been allowed an opportunity of making an explanation...
Page 542 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Page 398 - Granting to any corporation, association or individual the right to lay down railroad tracks...