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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Results 1-5 of 100
Page 6
... motion for a new trial made upon the minutes , also from an order entered on the 25th day of November , 1901 , denying his motion in arrest of judgment , also from an order made by the said County Court overruling the defendant's ...
... motion for a new trial made upon the minutes , also from an order entered on the 25th day of November , 1901 , denying his motion in arrest of judgment , also from an order made by the said County Court overruling the defendant's ...
Page 76
... motion before the special county judge to vacate and set aside the order and to dismiss the proceed- ing . This motion was denied , and the proceeding directed to con- tinue . From the order to that effect this appeal is taken . While ...
... motion before the special county judge to vacate and set aside the order and to dismiss the proceed- ing . This motion was denied , and the proceeding directed to con- tinue . From the order to that effect this appeal is taken . While ...
Page 78
... motion to vacate such order and dismiss the proceeding should have been granted . The order appealed from should , therefore , be reversed , with ten dollars costs and disbursements of this appeal , and the motion granted , without ...
... motion to vacate such order and dismiss the proceeding should have been granted . The order appealed from should , therefore , be reversed , with ten dollars costs and disbursements of this appeal , and the motion granted , without ...
Page 90
... motion to dismiss a writ of certiorari , issued to review the action of the com- missioner of public safety of a city of the second class in removing a member of the police force , on the ground that the decision was not reviewable ...
... motion to dismiss a writ of certiorari , issued to review the action of the com- missioner of public safety of a city of the second class in removing a member of the police force , on the ground that the decision was not reviewable ...
Page 95
... motion to dismiss the writ should not have been made or granted until after the return thereto had been filed , and various cases are cited to support this contention . We see no reason for such a rule . This motion was made upon the ...
... motion to dismiss the writ should not have been made or granted until after the return thereto had been filed , and various cases are cited to support this contention . We see no reason for such a rule . This motion was made upon the ...
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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...