Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York [1859-1891], Part 10, Volume 5
Baker, Voorhis, 1876 - Law reports, digests, etc
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Reports of Cases Argued and Determined in the Court of Common Pleas for the ...
Charles Patrick Daly
No preview available - 2019
accepted action affirmed agent agreed agreement alleged allowed amount answer appeal applied appointed authority Bank Barb bill bond brought building called cause charge claim clerk common complaint concurred consideration Constitution contract costs court creditors Daly damages decision defendant delivered direct District duties effect entered entitled evidence examination execution existing facts filed follows give given ground held hold interest issued John judge judgment jury justices land lease liable lien matter ment motion notice objection opinion original owner paid party payment peace performed person plaintiff possession premises present proceedings provisions purchase question reason received recover reference relation rendered respect reversed rule says sheriff sold statute Stokes subsequent suit taken term testimony tion trial witness York
Page 162 - All city, town and village officers whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose.
Page 16 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 102 - But the rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time...
Page 281 - ... must be founded on papers showing clearly that some question decisive of the case, and duly submitted by counsel, has been overlooked by the court, or that the decision Is in conflict with an express statute, or with a controlling decision...
Page 16 - Upon the hearing of the appeal, the appellate court shall give judgment according to the justice of the case, without regard to technical errors and defects which do not affect the merits.
Page 494 - A statement of the facts constituting the cause of action, in ordinary and concise language...
Page 490 - In capital cases especially courts should be extremely careful how they Interfere with any of the chances of life, In favor of the prisoner. But, after all, they have the right to order the discharge; and the security which the public have for the faithful, sound, and conscientious exercise of this discretion rests, in this as In other cases, upon the responsibility of the judges, under their oaths of office.
Page 542 - ... profits thereof, made with the intent to hinder, delay or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts or demands, and every bond or other evidence of debt given, suit commenced, decree or judgment suffered, with the like intent, as against the persons so hindered, delayed or defrauded, shall be void.
Page 346 - the complaint on two grounds: (1) That the court had no jurisdiction of the subject of the action, and (2) that the complaint did not state facts sufficient to constitute a cause of action.