Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 126New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyers Co-operative Publishing Company, 1891 |
Contents
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Common terms and phrases
affirmed a judgment alleged APPEAL from judgment apply April 14 assessment assessors August 31 authority avenue Bank Barb benefit bequest cause of action certificate chap charge claim Code Civ codicil commissioners complaint concur corporation counsel court of equity death deceased decided deed defendant defendant's duty entered entitled evidence ex rel executors fact FINCH franchises fraud fund grant held Indian Indian Intercourse Act interest intestate Jacob Straut judicial department jurisdiction jury lands lease legacy liable LXXXI matter Mayor ment negligence O'BRIEN Opinion owner parties payment PECKHAM person plaintiff premises proceedings proof provisions purchase purpose question railroad real estate residuary residuary estate respondent reversed road RUGER rule Seneca Nation servants SICKELS-VOL Special Term Statement statute street Supreme Court surrogate Surrogate's Court testator thereof tion treaty trial trust valid Vassar College void Wend York
Popular passages
Page 139 - No Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe. or power, with whom the United States may contract by treaty...
Page 135 - An Act to regulate Trade and Intercourse with the Indian Tribes, and to preserve Peace on the Frontiers...
Page 334 - Where the payee is a fictitious or non-existing person the bill may be treated as payable to bearer.
Page 501 - ... shall be commissioned by the Governor ; and no commissioned officer shall be removed from office, unless by the Senate on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the decision of a court martial, pursuant to law. The present officers of the militia shall hold their commissions subject to removal, as before provided.
Page 562 - pedigree,' however, embraces not only descent and relationship, but also the facts of birth, marriage and death, and the times when these events happened.
Page 144 - Provided, nevertheless, That it shall be lawful for the agent or agents of any state who may be present at any treaty held with Indians under the authority of the United States, in the presence, and with the approbation of the commissioner...
Page 548 - This care he can and must exercise, both in procuring and in keeping and maintaining such servants, structures and engines. If he knows, or in the exercise of due care might have known, that his servants are incompetent, or his structures or engines insufficient, either at the time of procuring them or at any subsequent time, he fails in his duty. For the management of his machinery and the conduct of his servants, he is not responsible to their fellow-servants ; but he cannot avail himself of this...
Page 254 - After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.
Page 507 - ... on the 1st day of July and the 1st day of January...
Page 286 - Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made...