Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 30 |
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Common terms and phrases
adverse possession affirmed on opinion agreement alleged amount appellant application appointment assessment assignment authority bond Brooklyn cause of action Civil Procedure claim clerk commissioners Company complaint concurred contract contributory negligence corporation costs and disbursements Court in favor court of equity creditors damages deceased defendant defendant's denied DIV.-VOL dollars costs enforce entered entitled evidence ex rel execution executors fact held issue John Judgment affirmed Judgment and order Judgment reversed JUNE TERM jury justice Kings County lands Leary lease liability lien matter mechanic's lien ment mortgage mortgagors motion negligence notice Order affirmed owner paid party payment person plaintiff premises proceedings question railroad reason received recover referred rendered Respondent rule SECOND DEPARTMENT Special Term specific performance statute street Supreme Court testator testimony therein thereof THIRD DEPARTMENT tiff tion trustees verdict witness York
Popular passages
Page 142 - ... except for incompetency or misconduct shown after a hearing, upon due notice, upon stated charges and with the right to such employee or appointee to a review by a writ of certiorari.
Page 606 - From the commencement of an action or special proceeding, 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, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order in his client's favor, and the proceeds thereof in whosesoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after judgment or final order.
Page 108 - If granted before conviction, it prevents any of the penalties and disabilities consequent upon conviction from attaching ; if granted after conviction, it removes the penalties and disabilities, and restores him to all his civil rights; it makes him, as it were, a new man, and gives him a new credit and capacity.
Page 412 - It Is the province of the Jury and not of the court to find from the evidence the truth of a disputed fact.
Page 417 - But when, as in this case, a ship at the time of a collision is in actual violation of a statutory rule intended to prevent collisions, it is no more than a reasonable presumption that the fault, if not the sole cause, was at least a contributing cause of the disaster.
Page 92 - The doctrine may be stated in its most general form, that every express executory agreement in writing, whereby the contracting party sufficiently indicates an intention to make some particular property, real or personal, or fund, therein described or identified, a security for a debt or other obligation, or whereby the party promises to convey or assign or transfer the property as security, creates an equitable lien upon the property so indicated...
Page 107 - A pardon is an act of grace, proceeding from the power intrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed.
Page 95 - There was a verdict for the defendant. A motion for a new trial was overruled.
Page 54 - ... from, and that the matter is not a matter of public concern, and that the person injuriously affected by the act or decision appealed from is incompetent to appeal. 4. To make all orders, by directing the levying of taxes or otherwise, which may, in his judgment, be proper or necessary to give effect to his decision.
Page 137 - Such examinations shall be practical in their character, and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of...