The New York Supplement
West Publishing Company, 1891 - Law reports, digests, etc
"Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies)
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affidavit affirmed agreement alleged amount answer Appeal from special appellant Argued assessment assignment authority bank Brady and Daniels Brunt cause of action certificate charge claim Code Civil Proc commenced commissioners complaint concur contract contributory negligence conveyance corporation costs counsel creditors damages deceased deed defendant appeals defendant's demurrer directed dismissed easement entered entitled evidence execution executor fact favor February fendant foreclosure fraud grade ground held indorsed injury issue judge judgment judgment debtor jury Kings county land lease liability lien Mayham ment mortgage motion N. E. Rep N. Y. Supp negligence objection owner paid parties payment person plain plaintiff premises proceedings proof purchase question railway reason received recover referee respondent reversed special term statute street Supreme Court sustained taken testator testified testimony thereof tiff tion trial trust verdict witness York City York county
Page 177 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Page 602 - ... that if the defendant recovers judgment, or if the warrant is vacated, the plaintiff will pay all costs, which may be awarded to the defendant, and all damages, which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, which must be at least two hundred and fifty dollars.
Page 107 - Future estates are either vested or con tin- vested ant contingftit future gent : Estates. 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 ; They are contingent whilst the person to whom, or the event upon which they are limited to take effect, remains uncertain.
Page 19 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 540 - If an action is commenced within the time limited therefor, and a judgment therein is reversed on appeal, without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits : tlie plaintiff, or.
Page 542 - The statutes create a new legal liability, with the right to a suit for its enforcement, provided the suit is brought within twelve months, and not otherwise. The time within which the suit must be brought operates as a limitation of the liability itself as created, and not of the remedy alone. It is a condition attached to the right to sue at all.
Page 127 - ... and any person owning, renting, leasing or permitting the occupation of any building or premises, and having knowledge that intoxicating liquors are to be sold therein, or who, having leased the same...
Page 23 - When a public offense is committed in part in one county and in part in another, or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two or more counties, the jurisdiction is in either county.
Page 115 - The first pleading on the part of the people is the indictment or information. 1880 — 12. 950. The indictment or information must contain: 1. The title of the action, specifying the name of the court to which the same is presented, and the names of the parties; 2. A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.