Transcript Appeals: The File of Opinions in Cases Argued Before the Court of Appeals of the State of New York During the January Term 1867 from Official Copies, Volumes 3-4Transcript Association, 1868 |
From inside the book
Results 1-5 of 100
Page 7
... parties entered into the agreement alleged ; that the Plaintiff rendered the stip- ulated services ; that he furnished certain necessary articles , which the Defendant undertook and neglected to provide ; and that he advanced certain ...
... parties entered into the agreement alleged ; that the Plaintiff rendered the stip- ulated services ; that he furnished certain necessary articles , which the Defendant undertook and neglected to provide ; and that he advanced certain ...
Page 12
... parties or their privies , upon the same issue , and has died before the pending trial , proof of what such witness swore to upon the former trial is competent . This is the extent of the rule . The evidence offered in the present case ...
... parties or their privies , upon the same issue , and has died before the pending trial , proof of what such witness swore to upon the former trial is competent . This is the extent of the rule . The evidence offered in the present case ...
Page 16
... parties , but by punishing criminally those through whose neglect the injury has been inflicted . In all cases where death has been caused by the neglect of those in charge of trains to give the signals required by law , those whose ...
... parties , but by punishing criminally those through whose neglect the injury has been inflicted . In all cases where death has been caused by the neglect of those in charge of trains to give the signals required by law , those whose ...
Page 31
... parties , and made his report to the Supreme Court , at a Special Term , at which judgment was given for the Plaintiffs for the sale of the mortgaged premises , and for payment of the amount found due , together with costs . The ...
... parties , and made his report to the Supreme Court , at a Special Term , at which judgment was given for the Plaintiffs for the sale of the mortgaged premises , and for payment of the amount found due , together with costs . The ...
Page 40
... parties of the second part , in consideration of seventy - five dollars , the receipt whereof is therein acknowledged , and did grant , bargain , sell , alien , remise , release , convey , assure , enfeoff , and confirm to the said parties ...
... parties of the second part , in consideration of seventy - five dollars , the receipt whereof is therein acknowledged , and did grant , bargain , sell , alien , remise , release , convey , assure , enfeoff , and confirm to the said parties ...
Other editions - View all
Common terms and phrases
affirmed aforesaid agent agreement alleged amount appeal apply assessors assignment authority bank bill of lading Bostwick Bryan Mullanphy cause of action Ch.J charge claim complaint concur contract conveyance costs counsel creditors debt deceased deed Defendant Defendant's delivered discharge dollars endorsed entitled equity evidence execution executors exempt fact firm fraud ground held interest issue JOEL TIFFANY John Mullanphy Judge judgment jurisdiction jury Lahens land Laurence Mallery liable lien ment mortgage Mullanphy Opinion by BOCKES Opinion by DAVIES Opinion by GROVER Opinion by HUNT Opinion by PARKER paid parties payment Plaintiff PORTER possession premises purchase question real estate received recover referee Respondent Russell Samuel Ward Statement statute suit Supreme Court taxation testator therein thereof Thomas Davenport tiff tion trial trust valid void wife William William H William McClelland witness Womburgh York
Popular passages
Page 438 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 93 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
Page 312 - 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 144 - Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law...
Page 219 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Page 200 - Know all men by these presents, that I, Zadoc Martin, of the county of Platte. and State of Missouri, for and in consideration of the sum of one dollar to me in hand paid...
Page 502 - 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 147 - ... have in view. Your object is to subjugate the Southern States, and a requisition made upon me for such an object — an object, in my judgment, not within the purview of the Constitution or the Act of 1795 — will not be complied with. You have chosen to inaugurate Civil War, and having done so, we will meet it in a spirit as determined as the Administration has exhibited toward the South.
Page 246 - Where it requires the performance of any other act, a certified copy of the judgment may be served upon the party against whom it is given, or...
Page 26 - And indeed, even in cases of felony at the common law, they are the weakest and most suspicious of all testimony : ever liable to be obtained by artifice, false hopes, promises of favor, or menaces ; seldom remembered accurately, or reported with due precision ; and incapable in their nature of being disproved by other negative evidence.