Transcript Appeals ... the File of Opinion in Cases Argued Before the Court of Appeals of the State of New York: 1867Williamson Law Book Company, 1907 |
Common terms and phrases
action affirmed agreed agreement alleged amount appeal assignment authority Bank Barb bill bill of lading bond and mortgage Bryan Mullanphy cars Ch.J charge child or children claim complaint concur contract corporation creditors damages debt deceased declared deed Defendant Defendant's counsel devise discount duty entitled evidence execution exempt facts fendant ground held indictment intended interest issue James Clemens JOEL TIFFANY John Mullanphy Judge judgment jury lands liable lumber ment mortgage N. Y. Supp objection Opinion by DAVIES Opinion by FULLERTON Opinion by GROVER Opinion by HUNT Opinion by PARKER owner paid parties payment person pier Plaintiff possession premises present provision purchase question received recover referred Respondent reversed rule Special Term Statement statute Supreme Court taxation testator testimony thereof tiffs tion trial trust usurious verdict vessel void witness York
Popular passages
Page 460 - ... 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 167 - 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 : Now, therefore, I, Abraham Lincoln.
Page 335 - 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 525 - 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 129 - This opinion does not deprive the States of any resources which they originally possessed. It does not extend to a tax paid by the real property of the bank, in common with the other real property within the State, nor to a tax imposed on the interest which the citizens of Maryland may hold In this institution, in common with other property of the same description throughout the State.
Page 200 - Saund. 320 a, it is said that "if a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act...
Page 169 - ... 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 269 - 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 525 - 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 414 - ... and of the several and respective heirs of the body and bodies of all and every such son and sons...