Reports of Selected Cases Decided in Courts of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 35
Lawyers Co-operative Publishing Company, 1901 - Law reports, digests, etc
"Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly)
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abide event agreement Albany County alleged amount Appellate Term appointed assignment attorney bank Beach and Fitzgerald bonds borough of Manhattan cause of action chap charge City Court claim codicil commissioner complaint contract corporation costs to abide counsel court of equity creditors Curiam damages deceased decedent deed defendant defendant's demurrer discharge district duty entitled evidence ex rel execution executor fact fendant filed foreclosure granted indictment issue John Whalen Judgment affirmed judgment rendered Judgment reversed July June jury justice land lien Manhattan Matter ment Metropolitan Street Railway Misc mortgage motion Municipal Court owner paid parties payment person plaintiff premises proceeding purchase question real estate reason recover reference rendered in favor Rensselaer County respondent Sacandaga river statute street Supreme Court Surrogate's Court testator testimony thereof tion trial ordered trust wife York County York Special Term
Page 180 - ... .7 That the act or omission charged as the offense, is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction, according to the right of the case.
Page 314 - All other officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct.
Page 309 - All city, town and village officers whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose.
Page 292 - An action or special proceeding may be maintained, against the president or treasurer of such an association, to recover any property, or upon any cause of action, for or upon which the plaintiff may maintain such an action or special proceeding, against all the associates, by reason of their interest or ownership, or claim of ownership therein, either jointly or in common, or their liability therefor, either jointly or severally. Any partnership, or other company of persons, which has a president...
Page 63 - Those affirmative defenses are, first, that the cause of action stated in the complaint did not accrue within six years before the commencement of the action, or within six years before the death of the defendant's testator, said Henry E.
Page 181 - ... sufficient which does not accurately and clearly allege all the ingredients of which the offense is composed, so as to bring the accused within the true meaning and intent of the statute defining the offense.
Page 149 - ... undisposed of, and no valid direction for their accumulation is given, such rents and profits shall belong to the persons presumptively entitled to the next eventual estate.
Page 217 - ... is a trial by a jury of twelve men, in the presence and under the superintendence of a judge empowered to instruct them on the law and to advise them on the facts, and (except on acquittal of a criminal charge) to set aside their verdict if, in his opinion, it is against the law or the evidence.
Page 217 - Trial by jury, in the primary and usual sense of the term at the common law and in the American Constitutions, is not merely a trial by a jury of twelve men before an officer vested with authority to cause them to be summoned and impaneled, to administer oaths to them and to the constable in charge, and to enter judgment and issue execution on their verdict...