Reports of the Decisions of the Court of Appeals of the State of New York: Not Heretofore Reported Under Official Sanction, Arranged Alphabetically, with Notes, and References to Subsequent Decisions and Legislation, Volume 3

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Page 166 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 538 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Page 539 - All must perceive that a tax on the sale of an article, imported only for sale, is a tax on the article itself.
Page 538 - The wisdom and the discretion of congress, their identity with the people, and the influence which their constituents possess at elections are in this, as in many other instances, — as that, for example, of declaring war, — the sole restraints on which they have relied to secure them from its abuse. They are the restraints on which the people must often rely solely in all representative governments.
Page 279 - Now, assuming (what I am by no means disposed to admit) that the state of feeling towards women in the United States is such as these remarks suggest, it is to be observed in the first place that it is a...
Page 539 - It is sufficient for the present to say, generally, that when the importer has so acted upon the thing imported, that it has become incorporated and mixed up with the mass of property in the country, it has, perhaps, lost its distinctive character as an import, and has become subject to the taxing power of the State; but while remaining the property of the importer, in his warehouse, in the original form or package in which it was imported, a tax upon it is too plainly a duty on imports to escape...
Page 451 - ... according to law; and if such advancement be equal or superior to the amount...
Page 404 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, Susie E. Smith, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Page 517 - If a judgment be recovered against the sheriff, upon his liability as bail, and an execution thereon be returned unsatisfied, in whole or in part, the same proceedings may be had on his official bond, for the recovery of the whole or any deficiency, as in other cases of delinquency.
Page 479 - State," passed April 12, 1848. Passed April 11,1849. The act entitled " An act to simplify and abridge the practice, pleadings, and proceedings of the courts of this State...

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