The New York State Reporter, Volume 36W.C. Little & Company, 1891 - Law reports, digests, etc "Containing all the current decisions of the courts of record of New York State, namely: Court of Appeals, Supreme Court, New York Superior Court, New York Common Pleas, Superior Court of Buffalo, City Court of New York, City Court of Brooklyn, and the Surrogates' Courts" (varies slightly). |
From inside the book
Results 1-5 of 66
Page 27
... charge that the jury could find a verdict for damages which were wholly unproved and presumptively not suffered . 2. SAME - BURDEN OF PROOF ON PLAINTIFF . It is an invariable rule that the burden of proof lies upon the plaintiff to ...
... charge that the jury could find a verdict for damages which were wholly unproved and presumptively not suffered . 2. SAME - BURDEN OF PROOF ON PLAINTIFF . It is an invariable rule that the burden of proof lies upon the plaintiff to ...
Page 30
... charge was equivalent to an instruction that the jury could find a verdict for damages which were wholly unproved , and presumptively not suffered , and that any defect in such proof was supplied by the omission of the defendants to ...
... charge was equivalent to an instruction that the jury could find a verdict for damages which were wholly unproved , and presumptively not suffered , and that any defect in such proof was supplied by the omission of the defendants to ...
Page 69
... charge of placing poison on the ground adjacent to the boundary line between their lands , with intent to poison defendant's chickens . Plaintiff was acquitted In an action for malicious prosecution , defendant testified that on ...
... charge of placing poison on the ground adjacent to the boundary line between their lands , with intent to poison defendant's chickens . Plaintiff was acquitted In an action for malicious prosecution , defendant testified that on ...
Page 76
... charge to the jury , and after the counsel of the defendant had made divers requests which had been answered by the court , the district attorney requested the court to charge " that if the crime charged in the indictment has been ...
... charge to the jury , and after the counsel of the defendant had made divers requests which had been answered by the court , the district attorney requested the court to charge " that if the crime charged in the indictment has been ...
Page 77
... charge , but moved generally for a new trial without stating any grounds therefor , and the case does not state that it contains all the evidence , no questions of fact can be reviewed on the appeal . APPEAL from a judgment entered upon ...
... charge , but moved generally for a new trial without stating any grounds therefor , and the case does not state that it contains all the evidence , no questions of fact can be reviewed on the appeal . APPEAL from a judgment entered upon ...
Contents
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408 | |
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25 | |
27 | |
33 | |
56 | |
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188 | |
211 | |
268 | |
295 | |
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357 | |
362 | |
372 | |
382 | |
383 | |
399 | |
548 | |
569 | |
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652 | |
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692 | |
703 | |
722 | |
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761 | |
770 | |
783 | |
854 | |
859 | |
913 | |
918 | |
928 | |
945 | |
947 | |
989 | |
1001 | |
1004 | |
1009 | |
1016 | |
1068 | |
1076 | |
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Common terms and phrases
affirmed agreement alleged amount app'lt APPEAL from judgment applied assessment assignment authority bank cause of action charge Civil Procedure claim Code commenced commissioners Company complaint concur contract corporation costs counsel Court of Appeals creditors damages death debts deceased deed defendant defendant's directed duty easements entitled evidence ex rel execution executor fact favor February 20 fendant Filed February firm foreclosure held injury intent interest intestate January 16 judge judgment debtor judgment entered jury land letters testamentary liable lien ment mortgage motion N. Y. State Rep negligence Onondaga county opinion order denying owner paid parties payment person plaint plaintiff possession premises proceedings purchase question railroad reason received recover referee replevin request resp't reversed sold special term statute street Supreme Court sustained testator testified testimony thereof tion trial trust verdict witness York
Popular passages
Page 334 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, Susie E. Smith, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Page 345 - The absolute power of alienation, shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Page 489 - Viet, chap. 26, § 9, it was provided " that no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; that is to say, it shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction...
Page 404 - ... a question of fact for the jury, and not of law for the court.
Page 53 - ... ordered to be heard, in the first instance, at the general term : Before argument, twenty dollars.
Page 213 - ... in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Page 222 - ... per cent. of its capital, after deducting the assessed value of its real estate, and all shares of stock in other corporations actually owned by such company which are taxable upon their capital stock under the laws of this state, shall be assessed at its actual value and taxed in the same manner as the other real and personal estate of the county.
Page 438 - 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 33 - ... equity, shall be deemed to have a legal estate therein, of the same quality and duration, and subject to the same conditions, as his beneficial interest...
Page 696 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition.