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 11
... owner without his knowledge or assent . He would have no claim to reimbursement that could be enforced at law , or in equity . His only remedy would be to lay the facts before the owner , and be content with what he was willing to give ...
... owner without his knowledge or assent . He would have no claim to reimbursement that could be enforced at law , or in equity . His only remedy would be to lay the facts before the owner , and be content with what he was willing to give ...
Page 22
... OWNERS OF CERTAIN PORTIONS OF THE ESTATE OF SAID DECEASED , APPELLANTS , v . CHILION FORD , LATE ADMINISTRATOR OF ... owner , as one of the residuary legatees , of one - tenth of the estate , and as assignee , of one - twentieth . The ...
... OWNERS OF CERTAIN PORTIONS OF THE ESTATE OF SAID DECEASED , APPELLANTS , v . CHILION FORD , LATE ADMINISTRATOR OF ... owner , as one of the residuary legatees , of one - tenth of the estate , and as assignee , of one - twentieth . The ...
Page 28
... owner of land situate below the point where the new channel is constructed , is wholly deprived of the use of the stream . I am unable to assent to this position . It is insisted that it is a fair deduction from the doctrine of ...
... owner of land situate below the point where the new channel is constructed , is wholly deprived of the use of the stream . I am unable to assent to this position . It is insisted that it is a fair deduction from the doctrine of ...
Page 29
... owner , to the continued , undimin- ished flow of the stream in its natural channel over his farm , and of this right he could not be deprived by the legislature without compensation . This right only includes the water flowing in the ...
... owner , to the continued , undimin- ished flow of the stream in its natural channel over his farm , and of this right he could not be deprived by the legislature without compensation . This right only includes the water flowing in the ...
Page 72
... owner of the note , and under no obligation to the Plaintiff to charge his prior endorser . All the facts which the evidence tends to prove bearing upon this question , we must deem assumed by the Judge with the Plain- tiff's consent ...
... owner of the note , and under no obligation to the Plaintiff to charge his prior endorser . All the facts which the evidence tends to prove bearing upon this question , we must deem assumed by the Judge with the Plain- tiff's consent ...
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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.