Practice Reports in the Supreme Court and Court of Appeals, Volume 49Joel Munsell, 1875 |
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Common terms and phrases
affidavit affirmed affreightment alleged allowed amend amount answer appeal application appointed ashlar assessment assessors assignment Asten attorney authority Bank boat bonds cause of action chap charge city and county claim clerk Code commissioners common pleas Company complaint contract corporation costs counsel court of equity creditors Daly damages debts defendant defendant's demurrer Digest district draft Eleventh avenue entitled equity evidence ex rel execution fact favor filed foreclosure fraudulent granted held indictment injunction intent issued judge judgment debtor jurisdiction jury justice land Lansingburgh larceny liable lien Mayor ment mortgage motion objection offer of judgment owner paid party wall payment person Phelps plaintiff possession premises prisoner proceedings proper provisions purchase purpose question railroad receiver recover referred special term Staten Island Ferry statute street suit supreme court thereof tiff tion trial trust XLIX York
Popular passages
Page 398 - From a deliberate and premeditated design to effect the death of the person killed, or of another...
Page 185 - States, when they form in their ordinary condition by themselves, or by uniting with other waters, a continued highway over which commerce is or may be carried on with other States or foreign countries in the customary modes in which such commerce is conducted by water.
Page 75 - The cause was tried by the court without the intervention of a jury, and the facts appear in a bill of exceptions.
Page 607 - In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Page 292 - ... shall have the same effect as a lien, and be enforced in the same manner as, and be deemed, a judgment of the court of common pleas for the city and county of New York. The amendment of 1851 was the insertion of the words — "and be deemed'
Page 552 - To render a notice of appeal to the court of appeals effectual for any purpose, except in a case where it is specially prescribed by law that security is not necessary to perfect the appeal, the appellant must give a written undertaking to the effect that he will pay all costs and damages which may be awarded against him on the appeal not exceeding five hundred dollars.
Page 633 - ... any such company desiring to transact any such business as aforesaid by any agent or agents, in this state, shall first appoint an attorney in this state on whom process of law can be served...
Page 396 - In the forum of conscience there is no doubt considerable difference between a murder deliberately planned and executed by a person of unclouded intellect, and the reckless taking of life by one infuriated by intoxication ; but human laws are based upon considerations of policy, and look rather to the maintenance of personal security and social order than to an accurate discrimination as to the moral qualities of individual conduct. But there is, in truth, \ no injustice in holding a person responsible...
Page 315 - The Home Insurance Company is a Corporation organized under the laws of the State of New York, and having its office and principal place of business in the City of New York.
Page 572 - Plaintiff appeals from an order sustaining a demurrer to the complaint on the ground that it does not state a cause of action. It is alleged in the first cause of action that defendant is a common carrier, and that, "for a valuable consideration...