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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Page 4
... existed , which caused the accident , by not shoring up or sheathing the sides of the excavation as the work progressed . When the deceased and his fellow - servants were set at work to make the excavation there was no danger ; the ...
... existed , which caused the accident , by not shoring up or sheathing the sides of the excavation as the work progressed . When the deceased and his fellow - servants were set at work to make the excavation there was no danger ; the ...
Page 11
... existed — right to accumulate during infancy - power of a surro- gate to determine as to the validity of the will . The 7th clause of a will provided : " Seventh . The other one fourth part of the said rest and residue of all my ...
... existed — right to accumulate during infancy - power of a surro- gate to determine as to the validity of the will . The 7th clause of a will provided : " Seventh . The other one fourth part of the said rest and residue of all my ...
Page 16
... existed on the part of the trustee it is of no consequence that up to this time it has failed to discharge such obligation . Instead of turning over to the petitioner such income the trustee should be directed to discharge such ...
... existed on the part of the trustee it is of no consequence that up to this time it has failed to discharge such obligation . Instead of turning over to the petitioner such income the trustee should be directed to discharge such ...
Page 59
... existed . Even though he has parted with his title the land has still fastened to it this indebtedness , and the only relief from the burden is by payment if validly assessed . While , therefore , the charter in explicit terms makes the ...
... existed . Even though he has parted with his title the land has still fastened to it this indebtedness , and the only relief from the burden is by payment if validly assessed . While , therefore , the charter in explicit terms makes the ...
Page 71
... existed and was properly exercised . The judgment should be affirmed , with costs of this appeal against the co - respondent , but not against the defendant Mrs. Billings . MCLENNAN , SPRING , HISCOCK and DAVY , JJ . , concurred ...
... existed and was properly exercised . The judgment should be affirmed , with costs of this appeal against the co - respondent , but not against the defendant Mrs. Billings . MCLENNAN , SPRING , HISCOCK and DAVY , JJ . , concurred ...
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Common terms and phrases
accident agreement alleged amount appellant to abide appointed assignment bill of lading Bloomingdale cause of action charge Civil Procedure claim clerk Code of Civil complaint concurred contract contributory negligence conveyed corporation costs and disbursements Court in favor death deceased defendant defendant's demurrer denied dissented dollars costs elevator entitled evidence ex rel executors fact feet Felix Agnus FOURTH DEPARTMENT granted Howard & Co INGRAHAM injury interest issue Judgment and order JUNE TERM jury LAUGHLIN lease liable lots Madison avenue MCLAUGHLIN ment Metropolitan Street Railway mortgage motion negligence O'BRIEN owner parties PATTERSON payment person Phineas street plaintiff plaintiff's intestate premises probate proceedings question received respondent statute Supreme Court surrogate Surrogate's Court sustained testator testified testimony therein thereof tion trustee verdict Waverly place witnesses writ YORK ex rel York Special Term
Popular passages
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 93 - When the duration of any office, is not provided by this Constitution, it may be declared by law, and if not so declared, such office shall be held, during the pleasure of the authority making the appointment.
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.
Page 121 - No employee shall be required, permitted or suffered to work in a biscuit, bread or cake bakery, or confec-tionery establishment more than sixty hours in any one week, or more than ten hours in any one day...