Transcript Appeals: The File of Opinions in Cases Argued Before the Court of Appeals of the State of New York During the January Term 1867 from Official Copies, Volumes 1-2Transcript Association, 1868 - Law reports, digests, etc |
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Page 1
... judgment to the Supreme Court , and at a General Term thereof , held on the 16th day of December , 1863 , the judgment was affirmed , and on the 31st day of December , in the same year , the writ of error , upon this latter judgment ...
... judgment to the Supreme Court , and at a General Term thereof , held on the 16th day of December , 1863 , the judgment was affirmed , and on the 31st day of December , in the same year , the writ of error , upon this latter judgment ...
Page 16
... judgment of non fers or discon- tinuance entered against them , in the same cases and in the like manner and with the same effect , as in suits brought by citizens , except that no execution shall issue thereon . " The State is subject ...
... judgment of non fers or discon- tinuance entered against them , in the same cases and in the like manner and with the same effect , as in suits brought by citizens , except that no execution shall issue thereon . " The State is subject ...
Page 33
... judgment absolute shall be rendered against them . There does not appear to be much difficulty in adjusting the rights of the parties , and the Defendants would have been held blameless if they had acquiesced in the judgment of the ...
... judgment absolute shall be rendered against them . There does not appear to be much difficulty in adjusting the rights of the parties , and the Defendants would have been held blameless if they had acquiesced in the judgment of the ...
Page 45
... judgment in favor of the Plaintiff for the small balance of interest received by the Defendant Meeker , to which the Plaintiff is entitled . No such question can be con- sidered in this Court . The judgment of the General Term must be ...
... judgment in favor of the Plaintiff for the small balance of interest received by the Defendant Meeker , to which the Plaintiff is entitled . No such question can be con- sidered in this Court . The judgment of the General Term must be ...
Page 54
... Judgment - Accounting - Laws 1849 , ch . 226 . In an action by a judgment creditor , seeking to compel an executor to account before a Surrogate , with a view to enforce the collection of a judgment obtained under the Act of 1849 ( ch ...
... Judgment - Accounting - Laws 1849 , ch . 226 . In an action by a judgment creditor , seeking to compel an executor to account before a Surrogate , with a view to enforce the collection of a judgment obtained under the Act of 1849 ( ch ...
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Common terms and phrases
action affirmed agent agreement alleged amount appeal applied assessed assigned attesting authority bank Birch & Co bond bottomry Brewster certificate Ch.J charge claim clause commissioners complaint concur contract costs counsel damages debt deceased declared Defendant Defendant's discharge dollars duty easement endorsed entitled error evidence execution executors fact favor held interest issued JOEL TIFFANY judge judgment jury land liable ment mortgage negligence nonsuit notice Opinion by BOCKES Opinion by DAVIES Opinion by GROVER Opinion by HUNT Opinion by PARKER Opinion by SCRUGHAM owner paid party payment pilotage Plaintiff Plaintiff in error possession premises present principal prisoner proceedings provision purchase question received recover referee refused rendered replevin Reporter Respondent reversed Special Term statute street Supreme Court sureties testator therein thereof tion trial trust usury verdict vessel void Wend witness York
Popular passages
Page 79 - For wrongs done to the property, rights or interests of another, for which an action might be maintained against the wrong-doer, such action may be brought by the person injured, or after his death, by his executors or administrators...
Page 268 - ... of notice of acceptance, and the clerk must thereupon enter judgment accordingly. If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence; and if the plaintiff fail to obtain a more favorable judgment he cannot recover costs, but must pay the defendant's costs from the time of the offer...
Page 69 - That no will shall be valid unless it shall be in writing and executed in manner herein-after 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; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 174 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Page 9 - When the judgment is of death, the court of appeals may order a new trial, If it be satisfied that the verdict was against the weight of evidence or against law, or that justice requires a new trial, whether any exception shall have been taken or not in the court below.
Page 228 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.
Page 123 - The stockholders of every bank or banking association organized under the authority of this state, or of the United States, shall be assessed and taxed on the value of their shares of stock therein...
Page 120 - all moneyed or stock corporations deriving an income or profit from their capital, or otherwise, shall be liable to taxation on their capital in the manner hereinafter prescribed.
Page 19 - Such subscription shall be made by the testator, in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made, to each of the attesting witnesses.
Page 381 - The testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare the instrument so subscribed, to be his last will and testament : 4.