Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Том 14 |
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Страница 16 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Страница 489 - ... that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and residents of this State, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section.
Страница 16 - First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation, — not simply convenient, but indispensable. Any fair, reasonable doubt concerning the existence of power is resolved by the courts against the corporation, and the power is denied.
Страница 490 - 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...
Страница 201 - Miller was a real or fictitious individual." as though determined by the supreme court itself. (Bridges v. Fisk, 53 Cal. App. 117 [200 Pac. 71].) [3] Appellant also insists that it was error on the part of the trial court to permit...
Страница 296 - The question presented here is whether the will of the testatrix could not, within the meaning of the statute, "be proved without the testimony" of the witness Margaret A. Weldon. The will, in fact, was proved without the testimony of that witness. She was a resident of the State of New York at the time the testatrix died.
Страница 191 - But there is no arbitrary deprivation of such right where its exercise is not permitted because of a failure to comply with conditions imposed by the State for the protection of society. The power of the State to provide for the general welfare of its people authorizes it to prescribe all such regulations as, in its judgment, will secure or tend to secure them against the consequences of ignorance and incapacity as well as of deception and fraud.
Страница 68 - Conductors and enginemen will be held equally responsible for the violation of any rules governing the safety of their trains, and they must take every precaution for the protection of their trains, even if not provided for by the rules.
Страница 198 - The legislature may undoubtedly prescribe qualifications for the office, to which he must conform, as it may, where it has exclusive jurisdiction, prescribe qualifications for the pursuit of any of the ordinary avocations of life. The question, in this case, is not as to the power of Congress to prescribe qualifications, but whether that power has been exercised as a means for the infliction of punishment, against the prohibition of the Constitution.
Страница 490 - April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered; and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall make concerning the same.