Reports of Cases Heard and Determined in the Supreme Court of the State of New York, Томове 1–48; Том 50Banks & Bros., 1874 |
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action was brought affidavit agreement alleged amount APPEAL appellant application assessments assignment authority Barb BOARDMAN bond cause of action certiorari charge claimed commissioners complaint concurred contract corporation costs to abide counsel court court of equity creditors DANIELS DAVIS debt deceased defendant defendant's delivered demurrer denied duty entered entitled evidence executors existing facts FOURTH DEPARTMENT fraud held HUN-VOL IMPLEADED issued John judge Judgment affirmed judgment in favor JULY TERM JUNE TERM jury justice lease liable lien mandamus MARCH TERM ment mortgage motion objection opinion P. J. DANIELS paid Paige parties payment peremptory mandamus person plaintiff in error premises proceedings promissory note provisions purchase purpose question reason received recover referee relators rendered rent respondent reversed sold Special Term statute taken TAPPEN testator THIRD DEPARTMENT tion trust verdict Wend witness writ writ of mandamus York
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Страница 701 - ... it shall then be the duty of the state court to accept the surety, and proceed no further in the cause...
Страница 562 - Immediate delivery and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees In good faith...
Страница 45 - This action is for goods admitted to have been sold and delivered by the plaintiff to the defendant, and the question arises, as has been explained, on demurrer to the third defense.
Страница 37 - Each house shall be the judge of the election,, returns, and qualifications of its own members...
Страница 23 - Brown whether he had anything to say why sentence should not be pronounced upon him.
Страница 627 - In an action or defense founded upon an instrument for the payment of money only, it shall be sufficient for a party to give a copy of the instrument, and to state that there is due to him thereon from the adverse party a specified sum which he claims.
Страница 668 - In cases of this nature, you should take it as a general principle, that where a man in whose possession stolen property is found, gives a reasonable account of how he came by it, as by telling the name of the person from whom he received it, and who is known to be a real person, it is incumbent on the prosecutor to show that that account is false ; but if the account given by the prisoner be unreasonable or improbable on the face of it...
Страница 348 - Future estates are either vested or contingent. They are vested, when there is a person in being, who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate.
Страница 403 - February 13, 1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The action was brought to recover a balance...
Страница 517 - ... all costs and damages which may be awarded against him on the appeal not exceeding five hundred dollars.