Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York, Volume 2; Volume 20Banks & brothers, 1860 - Law reports, digests, etc |
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Page 15
... tion 52 of the act of 1857 provides that the execution issued out of the district courts must be directed to a constable of the city of New York , and , when this has been done , it is hardly neces sary to state that it becomes the duty ...
... tion 52 of the act of 1857 provides that the execution issued out of the district courts must be directed to a constable of the city of New York , and , when this has been done , it is hardly neces sary to state that it becomes the duty ...
Page 38
... tion , that the killing of his horse was caused by the wrongful acts of the defendants , or of their servant while in their employ . ment ; and that he did not in any way , by fault or negligence on his part , cause or contribute to the ...
... tion , that the killing of his horse was caused by the wrongful acts of the defendants , or of their servant while in their employ . ment ; and that he did not in any way , by fault or negligence on his part , cause or contribute to the ...
Page 43
... tion in mitigation of damages .. Which instruction the judge refused to give . The judge , among other things , charged the jury that if the injury was the result purely of an accident , then the defendant was liable only for the actual ...
... tion in mitigation of damages .. Which instruction the judge refused to give . The judge , among other things , charged the jury that if the injury was the result purely of an accident , then the defendant was liable only for the actual ...
Page 44
... tion of fact upon the circumstances of each particular case . Starkie's Ev . 674. To constitute express or actual malice , it is not necessary that the act should proceed from hatred or ill - will to the person injured ; but it may be ...
... tion of fact upon the circumstances of each particular case . Starkie's Ev . 674. To constitute express or actual malice , it is not necessary that the act should proceed from hatred or ill - will to the person injured ; but it may be ...
Page 58
... tion of fact in conflict upon the evidence , was for the justice , and his finding upon that point cannot be reviewed upon appeal . As the case stands upon the evidence , the defendant author- ized Peet , who was acting as the agent of ...
... tion of fact in conflict upon the evidence , was for the justice , and his finding upon that point cannot be reviewed upon appeal . As the case stands upon the evidence , the defendant author- ized Peet , who was acting as the agent of ...
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Common terms and phrases
action was brought affidavit agreed agreement alleged amount answer applied assignment attorney averment Barb bill BRADY building cash cause of action charge claim Code common carrier complaint consignee contract contractor costs court of equity creditors DALY damages debt defendant defendant appealed defendant's delivered delivery demand demurrer Denio District Court E. D. Smith Eighth Avenue Railroad entitled erected evidence execution facts favor fendant given ground held hemp HILTON injury John John Snook judge Judge HILTON jurisdiction jury justice lease liable lien Marine Court Mayor ment motion Naylor negligence notice objection opinion owner paid party payment person plaintiff pleadings possession premises proceedings promissory note proof purchase question received referred refused rendered rent respect respondent set-off sold special term statute Statute of Frauds street sufficient sustained testified testimony tiff tion trial warrant Wend witness York
Popular passages
Page 13 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 495 - Probable cause," which will justify a criminal accusation, is defined to be "a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 347 - ... the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from such death, to the wife and next of kin of such deceased person...
Page 181 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 582 - ... than costs and expenses allowed to the guardian by the court, until he has given sufficient security, approved by a judge of the court, or a county judge, to account for and apply the same, under the direction of the court.
Page 587 - ... the earnings of the debtor for his personal services, at any time within thirty days next preceding the order, cannot be so applied, when it is made to appear by the debtor's affidavit, or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor.
Page 458 - Code (§ 253) provides that an issue of fact in an action for the recovery of money only, or of specific real or personal property, or for a divorce from the marriage contract on the ground of adultery, must be tried by a jury...
Page 271 - But there may be allowed to the prevailing party, upon the judgment, certain sums, by way of indemnity for his expenses in the action ; which allowances are in this act termed costs.
Page 333 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either— 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2.
Page 478 - ... being a creature of equity, it follows, that, if she has a power to deal with it, she has the other power incident to property in general; namely, the power of contracting debts to be paid out of it; and inasmuch as her creditors have not the means at law of compelling payment of those debts, a court of equity takes upon itself to give effect to them, not as personal liabilities, but by laying hold of the separate property, as the only means by which they can be satisfied.