Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 73
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accident action affirmed agreed agreement alleged amount answer appellant application appointed assignment authority bank bill brought building cause charge claim clerk Code complaint concurred contract corporation costs court damages death deceased decision defendant defendant's delivered denied determine directed dollars duty effect elevator entered entitled evidence ex rel execution existed fact favor feet follows FOURTH DEPARTMENT fund give given granted ground held indictment injury interest intestate issue judgment JUNE TERM jury land lease liable Matter ment motion necessary negligence owner paid parties payment performance person plaintiff premises present proceedings proof purchase question reason received recover reference relator respondent reversed rule Special statute street sufficient sustained taken testified testimony thereof tion trial trust verdict wife witnesses York
Page 54 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment
Page 88 - ... sell all the real and personal property of such association, on such terms as the court shall direct; and may, if necessary to pay the debts of such association, enforce the individual liability of the stockholders.
Page 569 - But the plaintiff is not entitled to a judgment, establishing a lost or destroyed will, as prescribed in this article, unless the will was in existence, at the time of the testator's death, or was fraudulently destroyed in his life-time ; and its provisions are clearly and distinctly proved by at least two credible witnesses, a correct copy or draft being equivalent to one witness.
Page 124 - Generally it is for the legislature to determine what laws and regulations are needed to protect the public health and secure the public comfort and safety ; and while its measures are calculated, intended, convenient, and appropriate to accomplish these ends, the exercise of its discretion is not subject to review by the courts. But they must have some relation to these ends. Under the mere guise of police regulations, personal rights and private property cannot be arbitrarily invaded, and the determination...
Page 235 - The mayor of each city in this state shall appoint and employ suitable persons to prescribe, amend and enforce rules for the classification of the offices, places and employments in the classified service of such city, and for appointments and promotions therein and examinations therefor...
Page 464 - ... to any branch of the said service for duty in such position as he may be fitted to fill, receiving the same compensation therefor...
Page 121 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Page 446 - Absence without leave of any member of the police force for five consecutive days shall be deemed and held to be a resignation, and the member so absent shall, at the expiration of said period, cease to be a member of the police force, and be dismissed therefrom without notice.