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 17
McDivitt, Campbell & Company, 1883 - Law reports, digests, etc
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action affidavit affirmed agreement alleged allowed amount answer Appeal applt apply appointed assessment assignment attachment attorney authority bank brought cause charge claim Code complaint concur contract corporation costs COURT OF APPEALS creditors damages debt Decided deed defendant defendant's denying DEPT directed entered entitled error evidence examination execution executors fact fendant firm give given granted ground Held intent interest issued judge judgment June jury land liable March ment mortgage motion N. Y. SUPREME COURT notice objection Opinion paid party payment person plain plaintiff possession premises present proceedings purchase question reason received recover referee refused relator respt reversed Smith sold Special statute sufficient taken Term tiff tion trial trust verdict wife witness
Page 17 - 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.
Page 150 - ... one-half part of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid to the extent of one-half, and no more.
Page 283 - If an action is pending, that the person to be examined is about to depart from the state, or that he is so sick or infirm, as to afford reasonable ground to believe that he will not be able to attend the trial; or that any other special circumstances exist, which render it proper that he should be examined as prescribed in this article. But this subdivision does not apply to a case where the person to be examined is a party to the action.
Page 507 - When the duration of any office, is not provided by this Constitution, it may be declared by law, and if not so declared, such office shall be held, during the pleasure of the authority making the appointment.
Page 124 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 272 - They ought not to be admitted where there are several charges, unless a foundation is first laid for their admission, by proving that the party had no clerk, that some of the articles charged have been delivered, that the books produced are the account books of the party, and that he keeps fair and honest accounts, and this by those who have dealt and settled with him.
Page 123 - Sections seventeen and eighteen of this article shall not apply to any bill or the amendments to any bill, which shall be reported to the Legislature by commissioners who have been appointed pursuant to law to revise the statutes.
Page 47 - Lands embraced in a power to devise, shall pass by a will purporting to convey all the real property of the testator, unless the intent that the will shall not operate as an execution of the power, shall appear, expressly or by necessary implication.
Page 347 - If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint to the satisfaction of the court, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale thereof...