Reports of Cases Heard and Determined in the Supreme Court of the State of New York, Volume 84; Volume 91Banks & Bros., 1895 |
Contents
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Common terms and phrases
action was brought agreement alleged amount answer appeal appellant assignment authority Blandon bonds cause of action certiorari charge Civil Procedure claim clerk Code of Civil commissioners complaint concurred construction contract conveyance corporation costs and disbursements Court in favor court of equity creditor damages deceased deed defendant defendant's demurrer denying dollars costs duty DYKMAN easement entered entitled equity evidence ex rel execution executors fact FEBRUARY TERM foreclosure granted HUN-VOL indorsed injury intention issued JANUARY TERM Judgment affirmed jurisdiction jury Kings County land liability lien LXXXIV Lyman L MAYHAM ment mortgage motion negligence owner paid parties payment person plaintiff PRATT premises proof provisions purchase question railroad company real estate reference rendered respondent reversed SECOND DEPARTMENT Special Term starch statute stockholders street Supreme Court testator testimony therein thereof THIRD DEPARTMENT tiff tion trial trust verdict wife yeast York
Popular passages
Page 264 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation, — not simply convenient, but indispensable.
Page 469 - Every such local board of health shall guard against the introduction of contagious and infectious diseases by the exercise of proper and vigilant medical inspection and control of all persons and things arriving in the municipality from infected places, or which from any cause are liable to communicate contagion.
Page 464 - 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 189 - ... no execution shall issue against any stockholder, except upon an order of the court in which the action, suit or other proceeding shall have been brought or instituted, made upon motion in open court, after...
Page 173 - This is an appeal from a judgment entered upon the report of a referee in favor of the plaintiff and against the defendant, for the sum of $177.05, damages and costs.
Page 324 - ... the loss shall not become payable until sixty days after the notice, ascertainment, estimate, and satisfactory proof of the loss herein required have been received by this company, including an award by appraisers when appraisal has been required.
Page 126 - After all my lawful debts are paid and discharged I give and bequeath to my wife Eliza J.
Page 54 - For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence enabsence, while employed in the service of the United States ; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas ; nor while a student of any seminary of learning...
Page 85 - Bronx in said city, in the office of the register of the city and county of New York.
Page 90 - But the trial court may, in its discretion, dismiss an equitable action on the ground that the plaintiff has an adequate remedy at law, though the defendant failed to interpose that defense; but, since legal and equitable remedies have been administered in the same court, this discretion has seldom been exercised.