Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 73 |
From inside the book
Results 1-5 of 100
Page 6
... sufficiently charges the defendant with having attempted to commit the crime of rape . The allegation in the indictment that the defendant's acts were feloniously done is a sufficient averment of the intent necessary to constitute the ...
... sufficiently charges the defendant with having attempted to commit the crime of rape . The allegation in the indictment that the defendant's acts were feloniously done is a sufficient averment of the intent necessary to constitute the ...
Page 10
... sufficient to allege it to have been done feloniously , with malice aforethought , and contrary to the form of the statute . " The use of the word " feloniously " has been uniformly held to be a sufficient averment of the intent ...
... sufficient to allege it to have been done feloniously , with malice aforethought , and contrary to the form of the statute . " The use of the word " feloniously " has been uniformly held to be a sufficient averment of the intent ...
Page 16
... sufficient for that purpose , it was made the duty of the trustee to devote the entire fund , both principal and income , to their support if reasonably necessary , whether they were infants or adults . Any direction , however , to ...
... sufficient for that purpose , it was made the duty of the trustee to devote the entire fund , both principal and income , to their support if reasonably necessary , whether they were infants or adults . Any direction , however , to ...
Page 34
... sufficient to sustain the conclusion that the trans- fer was fraudulent . The judgment should be affirmed , with costs to the respondent . MCLENNAN , WILLIAMS , HISCOCK and DAVY , JJ . , concurred . Judgment affirmed , with costs ...
... sufficient to sustain the conclusion that the trans- fer was fraudulent . The judgment should be affirmed , with costs to the respondent . MCLENNAN , WILLIAMS , HISCOCK and DAVY , JJ . , concurred . Judgment affirmed , with costs ...
Page 52
... sufficient to cause death . boat where the defendant claimed she had fallen and did not " dis- cover any blood or anything of that kind . " These are circumstances of more or less weight for the jury to consider bearing upon the ...
... sufficient to cause death . boat where the defendant claimed she had fallen and did not " dis- cover any blood or anything of that kind . " These are circumstances of more or less weight for the jury to consider bearing upon the ...
Other editions - View all
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...